Transmission for the performance of special statutory duties and notification powers

(1) Transmission of social data is permissible insofar as it is required for the performance of the statutory duties of notification 1. to avert planned criminal offences under section 138 of the Criminal Code; 2. to protect public health under section 8 of the Infection Protection Act; 3. to secure tax revenue under section 22a of the Income Tax Act and sections 93, 97, 105, 111(1) and (5), section 116 of the Fiscal Code and section 32b(3) of the Income Tax Act, insofar as these provisions are directly applicable, and for the notification of data of foreign undertakings that operate on the basis of bilateral intergovernmental agreements on the employment of workers to carry out works contracts, under section 93a of the Fiscal Code; 4. to grant and examine the special-expenses deduction under section 10 of the Income Tax Act; 5. to examine the conditions for the collection of equalisation payments and for the rendering of housing benefit under section 33 of the Housing Benefit Act; 6. to combat illicit employment and illegal employment under the Act to Combat Illicit Employment; 7. for notification, to the register authority, of facts to be entered in the Central Trade Register and the Competition Register; 8. for the performance of the functions of the statistical offices of the Länder and the Federal Statistical Office under section 3(1) of the Statistics Register Act, for building and maintaining the statistics register; 9. for updating the business register under section 97(5) of the Agricultural Statistics Act; 10. for the performance of the functions of German Statutory Pension Insurance Bund as the central body under section 22a and section 91(1), first sentence of the Income Tax Act; 11. for the performance of the functions of German Statutory Pension Insurance Knappschaft-Bahn-See, insofar as it carries out functions under the Income Tax Act for marginally employed persons; 12. for the performance of the functions of the Federal Statistical Office a) under section 5a(1) in conjunction with (3) of the Federal Statistics Act, and b) under section 12 of the Register Census Trial Act, for the purpose of trialling procedures to ascertain the educational level of the population; 13. under section 58 of the Energy Financing Act, to calculate gross value added in the procedure of the special equalisation scheme; 14. under section 6(3) of the Homelessness Reporting Act, for the survey on homeless persons; 15. under section 4 of the Social Services Providers Deployment Act, for establishing the subsequent claim to reimbursement; or 16. under section 5(1) of the Pension Overview Act, for the performance of the functions of the Central Body for the Digital Pension Overview. Declaration duties as third-party debtor that enforcement law provides for are not affected by provisions of this Code. Transmission of social data is permissible insofar as it is required for the performance of the statutory duties to secure and use federal archival material under section 1, nos. 8 and 9, section 3(4), sections 5 to 7, and sections 10 to 13 of the Federal Archives Act, or under corresponding legal provisions of the Länder that do not fall short of the protective periods of that Act. Transmission of social data is also permissible insofar as it is required to inform registration authorities under section 6(2) of the Federal Registration Act of concrete indications of the incorrectness or incompleteness of data transmitted to them under registration law. To examine the entitlement to child benefit, transmission of social data under section 68(7) of the Income Tax Act to the family benefits offices is permissible. Transmission of social data is also permissible insofar as it is required for the protection of the child's welfare under section 4(1) and (5) of the Act on Cooperation and Information in Child Protection. Transmission of social data is permissible insofar as it is required for quality assurance under section 10 of the Identification Number Act.
(2) Transmission of social data of a foreign national is also permissible insofar as it is required 1. in the individual case on request of the authorities entrusted with the implementation of the Residence Act, under section 87(1) of the Residence Act, with the proviso that, beyond the particulars under section 68, only the following may be communicated: a) for the decision on the residence of the foreign national or a family member of the foreign national, data on the granting or non-granting of benefits, data on former and existing insurance and the non-existence of insurance; b) for the decision on the residence, or on the immigration-law admission or restriction of an economic activity of the foreign national, data on the consent under section 4a(2), first sentence, section 16a(1), first sentence and section 18(2), no. 2 of the Residence Act; c) for a decision on the residence of the foreign national, particulars as to whether the conditions named in section 54(2), no. 4 of the Residence Act are met; and d) by the youth welfare offices, for the decision on the further residence or the termination of residence of a foreign national in respect of whom a ground for expulsion under sections 53 to 56 of the Residence Act exists, particulars of the social conduct to be expected; 2. for the performance of the notification duties named in section 87(2) and (7) of the Residence Act; 3. for the performance of the notification duties named in section 99(1), no. 14, letters d), f) and j) of the Residence Act, where the notification concerns the granting, withdrawal or restriction of the consent under section 4(2), first sentence, section 16a(1), first sentence and section 18(2), no. 2 of the Residence Act, or of insurance cover, or the rendering of benefits to secure subsistence under the Second Book; 4. for the performance of the notification duties named in section 6(1), no. 8 in conjunction with (2), no. 6 of the Act on the Central Register of Foreign Nationals; 5. for the performance of the notification duties named in section 32(1), first and second sentences of the Nationality Act; or 6. for the performance of the notification duties, named in section 8(1c) of the Asylum Act, of the providers of basic security for jobseekers. Data on the health of a foreign national may be transmitted only 1. where the foreign national endangers public health and special protective measures to exclude the danger are not possible, or are not observed by the foreign national; or 2. insofar as they are required for establishing whether the conditions of section 54(2), no. 4 of the Residence Act are met.
(2a) Transmission of personal data of a person entitled to benefits under section 1 of the Asylum Seekers' Benefits Act is permissible insofar as it is required to carry out the Asylum Seekers' Benefits Act.
(3) Transmission of social data is permissible insofar as it is required, in the exercise of due discretion of a provider of benefits, to enable the custodianship court to appoint a custodian or take another measure in custodianship matters. Section 9 of the Custodianship Organisation Act applies correspondingly. Transmission of social data is also permissible insofar as it is required in the individual case for the performance of the functions of the custodianship authorities under section 8 of the Custodianship Organisation Act.
(4) Transmission of social data is further permissible insofar as it is required in the individual case for the lawful performance of the functions, falling within the competence of the Central Office for Financial Transaction Investigations, under section 28(1), second sentence, no. 2 of the Anti-Money Laundering Act. Transmission is limited to particulars of surname, first name and formerly held names, date of birth, place of birth, current and former addresses of the person concerned, and names and addresses of his or her current and former employers.