(1) The following selection data taken from the list of data set out in section 34 (1) sentence 1 are to be used for automated retrievals of data by means of a search for persons:
1. as regards a person’s name
a) the family name and at least one given name,
b) a previous name and at least one given name,
c) a religious name or
d) a stage or pen name and
2. in addition to the information as required by no. 1
a) an address or
b) a place of residence and at least one of the following data:
aa) street,
bb) date of birth,
cc) place of birth, including country for persons not born in Germany,
dd) gender,
ee) date of death,
ff) place of death, including country for persons who died abroad.
In the cases referred to in and in accordance with the provisions of section 10 (4) sentence 1 and sentence 2 no. 4 of the AZR Act, the AZR number may only be used as an additional selection data point for the purpose of unambiguous allocation. A phonetic search is permissible in relation to family names, previous names and given names, as well as religious, stage and pen names.
(2) In the case of automated retrievals and requests for the transfer of data by means of a free search, then, subject to sentence 2, the following are, as a rule, to be used:
1. all the data referred to in section 34 (1) sentence 1 and the data referred to in section 34 (1) sentence 2 no. 3 which are available, by the authorities referred to in section 34 (4) sentence 1,
2. only the data referred to in section 34 (1) sentence 1, by all other public bodies.
Data on recorded persons referred to in section 34 (1) sentence 1 nos. 11, 13 and 14, the date last moved out of a residence in Germany and the date last moved to Germany from abroad in accordance with section 34 (1) sentence 1 no. 10 and blocks on releasing information within the meaning of section 51 and conditional blocks on releasing information within the meaning of section 52 are not permissible as selection data. A phonetic search is permissible in relation to family names, previous names and given names, as well as religious, stage and pen names.
(3) The use of additional selection data pursuant to subsections (1) and (2) is permissible if this is stipulated by federal or Land law in which the reason for and purpose of the retrieval are also specified.
(4) Where an automated retrieval displays the records of multiple persons, the body authorised to retrieve data may use these data only to the extent necessary to carry out its legally assigned tasks. Data which are not needed are to be deleted without delay.
(5) The retrieving body may, in the event that it receives a neutral response, forego further processing of the request by the registration authority. The obligation to notify the body requesting the block without delay under section 34 (5) sentences 1 and 3 remains unaffected.