Publication of measures and communications in criminal matters

(1) BaFin should publish without delay on its website every measure that has become final and unappealable that it has taken, against a Pfandbrief bank subject to its supervision or against a manager of a Pfandbrief bank, for an infringement of this Act or the ordinances issued to implement it, and every unappealable decision imposing a fine, under subsection (2), and must in doing so also communicate information on the type and nature of the infringement.
(2) BaFin must publish a final and unappealable measure, or an unappealable decision imposing a fine, on an anonymised basis, where a publication under subsection (1) would
1. infringe the personal rights of natural persons or would otherwise be disproportionate for other reasons relating to the publication of personal data,
2. materially endanger the stability of the financial markets of the Federal Republic of Germany or of a Member State of the European Union or another contracting state to the Agreement on the European Economic Area, or would impede the progress of a criminal investigation, or
3. cause disproportionately great harm to the Pfandbrief banks or natural persons involved. By way of derogation from the first sentence, BaFin may, in the cases of the first sentence, nos. 2 and 3, refrain from publication under subsection (1) for as long as the grounds for publication on an anonymised basis have not ceased to exist.
(3) The measures and decisions imposing fines under subsection (1) should remain published on BaFin's website for at least five years from the finality of the measure or the unappealability of the decision imposing the fine. By way of derogation from the first sentence, personal data must be deleted without delay once their publication is no longer necessary, but at the latest three years after their publication.
(4) Subsections (1) to (3) apply accordingly to information that BaFin receives under section 60a of the Banking Act on a final decision within the meaning of section 4 of the Federal Central Register Act, insofar as the corresponding criminal proceedings concerned offences under section 54(1) no. 2 in conjunction with section 32(1), first sentence and section 1(1), second sentence, no. 1a of the Banking Act, or under section 38 of this Act.