Disclosure procedure for usage data

(1) A person who provides digital services on a commercial basis, participates in providing them, or mediates access to their use, may use usage data in accordance with this provision to fulfil duties of disclosure towards the bodies named in paragraph 3. 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, insofar as sufficient factual indications exist of a criminal offence and the data to be collected 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, insofar as this is necessary in the individual case, a) to avert a danger to aa) public security, in which case the information is limited to usage data under section 2(2) no. 3(a), or bb) 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 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, 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 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 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, insofar as, in the individual case, a substantial danger to public security exists, or 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 are necessary to establish the competent prosecuting authority or the competent police authority, in which case the information is limited to usage data under section 2(2) no. 3(a), 4. the Customs Criminological Office, insofar as necessary in the individual case for the protection of the interests named in section 4(1), including in conjunction with paragraph 2, of the Foreign Trade and Payments Act, where a) 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 b) 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, 5. 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, 6. 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, 7. the Federal Intelligence Service, for obtaining intelligence about foreign countries of significance for the foreign and security policy of the Federal Republic of Germany, where a) factual indications exist that an event exists that is at least specific as to its nature and foreseeable in time, in which specific persons will be involved, and that aa) falls within one of the areas of danger named in section 4(3) no. 1 of the BND Act, or bb) will impair one of the interests named in section 4(3) nos. 2 and 3 of the BND Act, or b) disclosure of information on specific usage data within the meaning of section 2(2) no. 3(a) is necessary to identify a user from whom particular content of the use of the digital service, already known to the Federal Intelligence Service, originates, for the purpose of aa) informing the Federal Government on political matters, where factual indications exist in the individual case for particular events abroad that are 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 bb) the early detection of dangers of international significance threatening from abroad, where factual indications exist in the individual case for events abroad that relate to, or are directed at, the areas of danger named in section 4(3) no. 1 of the BND Act, or that are suited to damage the interests named in section 4(3) nos. 2 and 3 of the BND Act.
(4) 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.
(5) 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.