(1) The registration authority may transfer, within Germany, to another public body within the meaning of section 2 (1) to (3) and (4) sentence 2 of the Federal Data Protection Act (Bundesdatenschutzgesetz) the following data from the population register if this is necessary to carry out a public task for which the registration authority or the recipient is responsible:
1. family name,
2. previous names,
3. given names, indicating name usually used,
4. doctoral degree,
5. religious name, stage or pen name,
6. date and place of birth, including country for persons not born in Germany,
7. gender,
8. current nationalities,
9. current and previous addresses, indicating principal and secondary residence; for persons moving to Germany from abroad, the country, and for persons moving abroad, the address abroad, including country,
10. date moved in, date moved out, date last moved out of a residence in Germany and date last moved to Germany from abroad,
11. regarding legal representative
a) family name,
b) given names,
c) doctoral degree,
d) address,
e) date of birth,
f) gender,
g) date of death and
h) blocks on releasing information within the meaning of section 51 and conditional blocks on releasing information within the meaning of section 52,
12. marital status; in the case of married persons or life partners, also the date, place and country of marriage or registration of the life partnership and, in the case of marriage or registration of a life partnership abroad, also the country,
13. regarding spouse or life partner
a) family name,
b) given names,
c) name at birth,
d) doctoral degree,
e) date of birth,
f) gender,
g) current addresses and address moved to,
h) date of death and
i) blocks on releasing information within the meaning of section 51 and conditional blocks on releasing information within the meaning of section 52,
14. regarding minor children
a) family name,
b) given names,
c) date of birth,
d) gender,
e) address in Germany,
f) date of death and
g) blocks on releasing information within the meaning of section 51 and conditional blocks on releasing information within the meaning of section 52,
15. blocks on releasing information within the meaning of section 51 and conditional blocks on releasing information within the meaning of section 52,
16. date and place of death, including country for persons who died abroad.
The registration authority may, further, transfer the following data to the authorities referred to in subsection (4) sentence 1 where this is necessary to carry out the tasks of those authorities:
1. issuing authority, date of issue, length of validity, serial number of the national identity card, temporary national identity card or substitute identity card, of the recognised passport or passport substitute and
2. facts as referred to in section 3 (2) no. 4 regarding passport and identity card data,
3. data relating to procedures under weapons and explosives law as referred to in section 3 (2) nos. 7 and 8 and
4. data relating to the supplier of the residence as referred to in section 3 (2) no. 10.
(2) The data transfer is effected by means of
1. the registration authority having the data on hand for subsequent automated retrieval directly by the other public body if this is permissible under section 34a or
2. electronic data transfer.
Section 10 (2) applies accordingly to the cases referred to in sentence 1. In addition, there must be no doubt as to the identity of the body to which the data are transferred. Section 3 of the Act on Connecting the IT Networks of the Federation and the Länder – Act implementing Article 91c (4) of the Basic Law (Gesetz über die Verbindung der informationstechnischen Netze des Bundes und der Länder – Gesetz zur Ausführung von Artikel 91c (4) des Grundgesetzes) of 10 August 2009 (Federal Law Gazette I, p. 2702, p. 2706), as amended, remains unaffected. In derogation from sentence 1, the data transfer is effected in writing or by securely forwarding data storage media where data transfer in accordance with sentence 1
1. is not available,
2. is not permissible or
3. would be available and permissible but the receiving body cites specific grounds for not transferring the data in accordance with sentence 1.
(3) The transfer of data other than those referred to in subsection (1) sentence 1 or the transfer of remarks in the population register referred to in section 3 (1) or (2) to other public bodies is permissible if the recipient
1. would not be able to carry out its legally assigned task without the data and
2. the data could not be obtained from the data subject without unreasonable effort, or the nature of the task for which the data are required means that the data collection is not effected.
(4) If the following authorities request data and remarks as required by subsection (3), the registration authority is not required to examine whether the conditions of subsection (3) and section 8 are met:
1. police authorities,
2. public prosecution offices,
3. public prosecutors at local courts,
4. courts, as far as they carry out tasks of criminal prosecution or enforcement of sentences or custodial sentences,
5. prison authorities,
6. domestic intelligence agencies,
7. the Federal Intelligence Service,
8. the Military Counterintelligence Service,
9. the Customs Investigation Service,
10. main customs offices,
11. the tax authorities where they carry out law enforcement tasks,
12. the Central Office for Sanctions Enforcement or
13. the Federal Office of Justice, where it carries out tasks of enforcement assistance under Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 76, 22.3.2005, p. 16), amended by Council Framework Decision 2009/299/JHA (OJ L 81, 27.3.2009, p. 24), as well as tasks of sharing information from judicial records pursuant to Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23).
The requesting authority is required to record the name and address of the data subject with a note indicating the reason for the transfer. These records are to be retained, secured using technical and organisational measures as referred to in Articles 24, 25 and 32 of Regulation (EU) 2016/679 and are to be destroyed at the end of the calendar year following the year in which the record was made. Sentence 3 does not apply if the data referred to in sentence 2 have become part of files or data systems.
(5) If a block on releasing information within the meaning of section 51 (1) has been entered ex officio at the instance of one of the authorities referred to in subsection (4) sentence 1 nos. 1 to 4, 6 to 9 and 11, the data subject and the body which occasioned the block are to be informed without delay of any request for the transfer of data concerning the data subject. If, after hearing the data subject or, if this person is not available, after hearing the body which occasioned the block, a threat as referred to in section 51 (1) cannot be ruled out, a transfer in such cases is not permissible; the requesting body receives notification which may not permit any conclusions to be drawn as to whether no information on the data subject is available or whether a block on releasing information has been entered. In derogation from sentences 1 and 2, only the body which occasioned the block is to be informed of and heard regarding requests for transfer made by a body referred to in subsection (4) sentence 1.
(6) Data transfers from registration authorities as referred to in subsection (2) to other public bodies in Germany are free of charge. In the case referred to in subsection (2) sentence 5 no. 1, however, this only applies if the registration authority has to account for the reasons not to use automated retrieval or electronic data transfer. Land law on fees for data transfers from central collections of registration data or web portals at Land level remain unaffected.