Disclosure procedure for subscriber data

(1) A person who provides digital services on a commercial basis, participates in providing them, or mediates access to their use, may use subscriber data in accordance with this provision to fulfil duties of disclosure towards the bodies named in paragraph 3. This does not apply to passwords or other data by means of which access to terminal equipment or to storage facilities used within such terminal equipment or separately from it is protected. The subscriber data to be included in a disclosure may also be determined by reference to an Internet protocol address allocated at a specific point in time; for that purpose, usage data may also be evaluated in an automated manner. All data sources internal to the undertaking must be taken into account for the disclosure.
(2) The information may be disclosed only in accordance with the following paragraphs and only insofar as the body requesting the information demands it in an individual case, stating a statutory provision that permits it to collect the data referred to in paragraph 1. The request for information must be made in writing or electronically. Where there is danger in delay, the information may also be disclosed where the request is made in another form. In that case, the request must be confirmed without delay, subsequently, in writing or electronically. Responsibility for the permissibility of the disclosure lies with the bodies requesting the information.
(3) The information under paragraph 1, first sentence may be disclosed only to 1. the authorities responsible for the prosecution of criminal offences and regulatory offences, insofar as sufficient factual indications exist of a criminal offence or a regulatory offence carrying a maximum fine, as against a natural person, of more than fifteen thousand euros, and the data to be included in the information are necessary to investigate the facts, to establish the whereabouts of an accused or suspected person, or to enforce a sentence, 2. the authorities responsible for averting dangers to public security or order, insofar as the data to be included in the information are necessary in the individual case a) to avert a danger to public security, or b) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order, or interests of the general public whose endangerment affects the foundations of human existence, as well as property of more than negligible value, where facts justify the conclusion that an event has occurred that is at least specific as to its nature and foreseeable in time, in which specific persons will be involved, or c) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order and interests of the general public whose endangerment affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that they will, within a foreseeable period, commit a criminal offence directed against such a protected interest, or d) to prevent a criminal offence of substantial significance, provided facts justify the assumption that a person will, within a foreseeable period, be involved as perpetrator or participant, in a manner at least specific as to its nature, in the commission of an offence, or e) to prevent a serious criminal offence within the meaning of section 100a(2) of the Code of Criminal Procedure, provided the individual conduct of a person gives rise to the concrete probability that the person will commit the offence within a foreseeable period, 3. the Federal Criminal Police Office as the central office under section 2 of the Federal Criminal Police Office Act, where a) sufficient factual indications exist of a criminal offence within the meaning of section 2(1) of the Federal Criminal Police Office Act, and the data to be included in the information are necessary to aa) establish the competent prosecuting authority, or bb) deal with a request for information from a foreign prosecuting authority in the context of international police cooperation, handled in accordance with the provisions on international mutual legal assistance in criminal matters, or b) the data to be included in the information are necessary in the context of the enforcement of sentences, to deal with a request for information from a foreign prosecuting authority in the context of police cooperation, handled in accordance with the provisions on international mutual legal assistance in criminal matters, or c) there is a danger that a person will be involved in the commission of a criminal offence within the meaning of section 2(1) of the Federal Criminal Police Office Act, and the data to be included in the information are necessary to aa) establish the police authority responsible for preventing the offence, or bb) deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing the offence, or d) facts justify the assumption that a person will, within a foreseeable period, be involved, in a manner at least specific as to its nature, in a criminal offence of substantial significance, and the data to be included in the information are necessary to aa) establish the police authority responsible for preventing the offence, or bb) deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing the offence, or e) the individual conduct of a person gives rise to the concrete probability that they will, within a foreseeable period, commit a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, and the data to be included in the information are necessary to aa) establish the police authority responsible for preventing the offence, or bb) deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing the offence, 4. the Customs Criminological Office as the central office under section 3 of the Customs Investigation Service Act, where a) sufficient factual indications exist in the individual case of a criminal offence, and the data to be included in the information are necessary to aa) establish the competent prosecuting authority, or bb) deal with a request for information from a foreign prosecuting authority in the context of international police cooperation, handled in accordance with the provisions on international mutual legal assistance in criminal matters, including in the context of enforcement of sentences, or b) this is necessary in the individual case aa) to avert a danger to public security, or bb) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order, or interests of the general public whose endangerment affects the foundations of human existence, as well as property of more than negligible value, where facts justify the conclusion that an event exists that is at least specific as to its nature and foreseeable in time, in which specific persons will be involved, or cc) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order and interests of the general public whose endangerment affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that the endangerment of such an interest will occur within a foreseeable period, or dd) to deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing a criminal offence, or ee) to prevent a criminal offence of substantial significance, provided facts justify the assumption that a person will, within a foreseeable period, be involved as perpetrator or participant, in a manner at least specific as to its nature, in the commission of the offence, or ff) to prevent a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, provided the individual conduct of a person gives rise to the concrete probability that the person will commit the offence within a foreseeable period, 5. the customs administration authorities and the authorities responsible under Land law, where, in an individual case, in connection with the publication of offers or advertising measures without indication of name and address, actual indications exist of undeclared work or illegal employment under section 1 of the Act to Combat Undeclared Work, and the data to be included in the information are necessary to identify the principal in order to uncover undeclared work or illegal employment, 6. the Federal and Land authorities for the protection of the constitution, insofar as necessary in the individual case, on the basis of factual indications, to investigate particular endeavours or activities under a) section 3(1) of the Federal Act on the Protection of the Constitution, or b) an observation mandate established under Land legislation in relation to the protection of the constitution (section 1(1) of the Federal Act on the Protection of the Constitution), in particular for the protection of the constitutional order against endeavours and activities of organised crime, 7. the Military Counter-Intelligence Service, insofar as necessary in the individual case, on the basis of factual indications, for the performance of tasks under section 2(1), (4) or (5) of the MAD Act, 8. the Federal Intelligence Service, insofar as necessary a) to inform the Federal Government on political matters, where factual indications exist in the individual case that the information could yield intelligence about foreign countries of significance for the foreign and security policy of the Federal Republic of Germany, the investigation of which the Federal Chancellery has commissioned the Federal Intelligence Service to carry out, or b) for the early detection of dangers of international significance threatening from abroad, where factual indications exist in the individual case that the information could yield findings relating to the areas of danger named in section 4(3) no. 1 of the BND Act, or for the protection of the interests named in section 4(3) nos. 2 and 3 of the BND Act.
(4) The information under paragraph 1, third sentence may be disclosed only to 1. the authorities responsible for the prosecution of criminal offences, insofar as sufficient factual indications exist of a criminal offence and the data to be included in the information are necessary to investigate the facts or to establish the whereabouts of an accused person, 2. the authorities responsible for averting dangers to public security or order, where the data to be included in the information are necessary in the individual case a) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order, interests of the general public whose endangerment affects the foundations of human existence, and property of more than negligible value, or to prevent a criminal offence, or b) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order and interests of the general public whose endangerment affects the foundations of human existence, and property of more than negligible value, where facts justify the conclusion that an event has occurred that is at least specific as to its nature and foreseeable in time, in which specific persons will be involved, or c) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order and interests of the general public whose endangerment affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that they will, within a foreseeable period, commit a criminal offence directed against such a protected interest, or d) to prevent a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, provided facts justify the assumption that a person will, within a foreseeable period, be involved as perpetrator or participant, in a manner at least specific as to its nature, in the commission of an offence, or e) to prevent a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, provided the individual conduct of a person gives rise to the concrete probability that the person will commit the offence within a foreseeable period, 3. the Federal Criminal Police Office as the central office under section 2 of the Federal Criminal Police Office Act, where a) sufficient factual indications exist of a criminal offence within the meaning of section 2(1) of the Federal Criminal Police Office Act, and the data to be included in the information are necessary to aa) establish the competent prosecuting authority, or bb) deal with a request for information from a foreign prosecuting authority in the context of international police cooperation, handled in accordance with the provisions on international mutual legal assistance in criminal matters, or b) the data to be included in the information are necessary in the context of the enforcement of sentences, to deal with a request for information from a foreign prosecuting authority in the context of police cooperation, handled in accordance with the provisions on international mutual legal assistance in criminal matters, c) there is a danger that a person will be involved in the commission of a criminal offence within the meaning of section 2(1) of the Federal Criminal Police Office Act, and the data to be included in the information are necessary to aa) establish the police authority responsible for preventing the offence, or bb) deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing the offence, or d) facts justify the assumption that a person will, within a foreseeable period, be involved, in a manner at least specific as to its nature, in a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, and the data to be included in the information are necessary to aa) establish the police authority responsible for preventing the offence, or bb) deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing the offence, or e) the individual conduct of a person gives rise to the concrete probability that they will, within a foreseeable period, commit a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, and the data to be included in the information are necessary to aa) establish the police authority responsible for preventing the offence, or bb) deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing the offence, 4. the Customs Criminological Office as the central office under section 3 of the Customs Investigation Service Act, where a) sufficient factual indications exist in the individual case of a criminal offence, and the data to be included in the information are necessary to aa) establish the competent prosecuting authority, or bb) deal with a request for information from a foreign prosecuting authority in the context of international police cooperation, handled in accordance with the provisions on international mutual legal assistance in criminal matters, including in the context of enforcement of sentences, or b) this is necessary in the individual case aa) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order, interests of the general public whose endangerment affects the foundations of human existence, and property of more than negligible value, or to prevent a criminal offence, or bb) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order and interests of the general public whose endangerment affects the foundations of human existence, where facts justify the conclusion that an event exists that is at least specific as to its nature and foreseeable in time, in which specific persons will be involved, or cc) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or of a Land, the free democratic basic order and interests of the general public whose endangerment affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that the endangerment of such an interest will occur within a foreseeable period, or dd) to deal with a request for information from a foreign police authority in the context of police cooperation for the purpose of preventing a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, or ee) to prevent a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, provided facts justify the assumption that a person will, within a foreseeable period, be involved as perpetrator or participant, in a manner at least specific as to its nature, in the commission of the offence, or ff) to prevent a serious criminal offence under section 100a(2) of the Code of Criminal Procedure, provided the individual conduct of a person gives rise to the concrete probability that the person will commit the offence within a foreseeable period, 5. the customs administration authorities and the authorities responsible under Land law, for the prevention of a criminal offence under sections 10, 10a or 11 of the Act to Combat Undeclared Work or section 266a of the Criminal Code, 6. the Federal and Land authorities for the protection of the constitution, insofar as necessary in the individual case, on the basis of factual indications, to investigate particular endeavours or activities under a) section 3(1) of the Federal Act on the Protection of the Constitution, or b) an observation mandate established under Land legislation in relation to the protection of the constitution (section 1(1) of the Federal Act on the Protection of the Constitution), in particular for the protection of the constitutional order against endeavours and activities of organised crime, 7. the Military Counter-Intelligence Service, insofar as necessary in the individual case, on the basis of factual indications, for the performance of tasks under section 2(1), (4) or (5) of the MAD Act, 8. the Federal Intelligence Service, insofar as necessary a) to inform the Federal Government on political matters, where factual indications exist in the individual case that the information could yield intelligence about foreign countries of significance for the foreign and security policy of the Federal Republic of Germany, the investigation of which the Federal Chancellery has commissioned the Federal Intelligence Service to carry out, or b) for the early detection of dangers of international significance threatening from abroad, where factual indications exist in the individual case that the information could yield findings relating to the areas of danger named in section 4(3) no. 1 of the BND Act, or for the protection of the interests named in section 4(3) nos. 2 and 3 of the BND Act.
(5) A person who provides digital services on a commercial basis, participates in providing them, or mediates access to their use, must transmit the data to be disclosed without delay and in full. Any encryption of the data remains unaffected. Persons under the duty must maintain silence towards the persons concerned and towards third parties regarding the request for information and the disclosure of information.
(6) A person who provides digital services on a commercial basis, or participates in providing them, must, at their own expense, take the precautions necessary within their area of responsibility for providing information. Every request for information must be examined by a responsible specialist for compliance with the formal requirements named in paragraph 2. Further processing of the request for information may be released only after a positive result of that examination.