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Part 2 · Protection of Social Data  ›  Chapter 2 · Processing of Social Data › Section 68

Transmission for the functions of the police authorities, the public prosecution offices, the courts and the authorities responsible for averting danger

(1) For the performance of the functions of the police authorities, the public prosecution offices and courts, the authorities responsible for averting danger, and the penal institutions, the surname, first name, date of birth, place of birth and current address of the person concerned, his or her current or future whereabouts, and the surname, first name or firm and addresses of his or her current employers, may be transmitted in the individual case on request, insofar as there is no reason to assume that this would impair interests of the person concerned worthy of protection, and where the request is not more than six months old. The requested body is, beyond section 4(3), also not obliged to transmit where the requesting body can procure the particulars in another way. The second sentence does not apply where the request for administrative assistance is required to carry out an enforcement under section 66.
(1a) For the purpose named in section 7(3) of the International Family Law Procedure Act, it is permissible to transmit, on request in the individual case, the current whereabouts of the person concerned to the Central Authority named in that provision, insofar as there is no reason to assume that this would impair interests of the person concerned worthy of protection.
(2) The decision on the request for transmission is taken by the head of the requested body, his or her general deputy, or a specially authorised member of staff.
(3) Transmission of the social data named in subsection (1), first sentence, of particulars of nationality and religious affiliation, of former addresses of the persons concerned, of names and addresses of former employers of the persons concerned, and of particulars of monetary benefits rendered or shortly to be rendered to persons concerned, is permissible insofar as it is required to carry out a data-matching search (Rasterfahndung) permissible under federal or Land law. Responsibility for the permissibility of the transmission is borne, in derogation from section 67d(1), first sentence, by the third party to whom the data are transmitted. The transmitting body examines only whether the request for transmission falls within the functions of the third party to whom the data are transmitted, unless there is special occasion to examine the permissibility of the transmission.

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