Manual information procedure

(1) A person who provides telecommunications services, or contributes to their provision, may use subscriber data it has collected, and the data collected under section 172, in accordance with this provision, to fulfil duties to provide information to the bodies named in subsection (3). This also applies to data by means of which access is protected to terminal equipment or to storage facilities used in that terminal equipment or physically separate from it. The data to be included in a response may also be determined by reference to an internet protocol address assigned at a specific point in time; traffic data may also be evaluated in an automated manner for this purpose. For providing the information under the third sentence, all data sources internal to the undertaking are to be taken into account. The obligated party must take, at its own expense, the precautions within its area of responsibility necessary for providing the information.
(2) Information may be provided only in accordance with the following subsections and insofar as the body requesting the information demands this in the individual case, stating a statutory provision that permits it to collect the data referred to in subsection (1). The request for information is to be submitted in writing or electronically. In the case of imminent danger, the information may also be provided where the request is submitted in another form. In that case, the request is to be confirmed without delay, subsequently, in writing or electronically. Responsibility for the permissibility of the information lies with the bodies requesting the information.
(3) Information under subsection (1), first sentence, may be provided only 1. to the authorities competent for the prosecution of criminal offences and regulatory offences, insofar as sufficient factual indications of a criminal offence or regulatory offence exist and the data to be included in the response are necessary to investigate the facts, to determine the whereabouts of an accused or a person concerned, or to enforce a sentence; 2. to the authorities competent for averting dangers to public safety or order, where the data to be included in the response are necessary in the individual case a) to avert a danger to public safety, or b) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or a Land, the free democratic basic order, or goods of the general public whose threatened loss affects the foundations of human existence, and not insignificant property, where facts permit the inference of an event at least specific as to its nature and foreseeable in time, in which particular persons will be involved, or c) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or a Land, the free democratic basic order, and goods of the general public whose threatened loss affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that the person will, within a foreseeable period, commit a criminal offence directed against such a legal interest, or d) to prevent an offence of substantial significance, provided that facts justify the assumption that a person will, within a foreseeable period, be involved, in a manner specific at least as to its nature, as a principal or accessory 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 that the individual conduct of a person gives rise to the concrete probability that the person will commit the offence within a foreseeable period; 3. to the Federal Criminal Police Office, as the central office under section 2 of the Federal Criminal Police Office Act, a) provided sufficient factual indications of a criminal offence within the meaning of section 2(1) of the Federal Criminal Police Office Act exist and the data to be included in the response are necessary aa) to determine the competent prosecuting authority, or bb) to handle a request for information from a foreign prosecuting authority in the course of international police cooperation, processed in accordance with the provisions on international legal assistance in criminal matters, or b) provided the data to be included in the response are necessary, in the course of enforcement of a sentence, to handle a request for information from a foreign prosecuting authority in the course of police cooperation, processed in accordance with the provisions on international legal assistance in criminal matters, or c) provided 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 response are necessary aa) to determine the police authority competent for preventing the offence, or bb) to handle a request for information from a foreign police authority in the course of police cooperation, for the purpose of preventing the offence, or d) provided facts justify the assumption that a person will, within a foreseeable period, be involved, in a manner specific at least as to its nature, in an offence of substantial significance, and the data to be included in the response are necessary aa) to determine the police authority competent for preventing the offence, or bb) to handle a request for information from a foreign police authority in the course of police cooperation, for the purpose of preventing the offence, or e) provided the individual conduct of a person gives rise to the concrete probability that the person 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 response are necessary aa) to determine the police authority competent for preventing the offence, or bb) to handle a request for information from a foreign police authority in the course of police cooperation, for the purpose of preventing the offence; 4. to the Customs Criminal Investigation Office, as the central office under section 3 of the Customs Investigation Service Act, a) provided sufficient factual indications of a criminal offence exist and the data to be included in the response are necessary aa) to determine the competent prosecuting authority, or bb) to handle a request for information from a foreign prosecuting authority in the course of international police cooperation, processed in accordance with the provisions on international legal assistance in criminal matters, including in the course of enforcement of a sentence, or b) provided this is necessary in the individual case aa) to avert a danger to public safety, bb) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or a Land, the free democratic basic order, goods of the general public whose threatened loss affects the foundations of human existence, and not insignificant property, where facts permit the inference of an event at least specific as to its nature and foreseeable in time, in which particular persons will be involved, or cc) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or a Land, the free democratic basic order, and goods of the general public whose threatened loss affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that endangerment of such a legal interest will occur within a foreseeable period, or dd) to handle a request for information from a foreign police authority in the course of police cooperation, for the purpose of preventing a criminal offence, or ee) to prevent an offence of substantial significance, provided facts justify the assumption that a person is involved, in a manner specific as to its nature, as a principal or accessory in the commission of the offence within a foreseeable period, 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. to the authorities for the protection of the constitution of the Federation and the Länder, insofar as this is 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 of the Land authority established under Land law in relation to the protection of the constitution (section 1(1) of the Federal Act on the Protection of the Constitution), in particular to protect the constitutional order from endeavours and activities of organised crime; 6. to the Federal Office of Military Counter-Intelligence, insofar as this is necessary in the individual case, on the basis of factual indications, for performing the functions under section 2(1), (4), or (5) of the MAD Act; 7. to the Federal Intelligence Service, insofar as this is necessary a) for the political information of the Federal Government, where factual indications exist in the individual case that the information can yield information about foreign countries that is of foreign and security policy significance for the Federal Republic of Germany and for the investigation of which the Federal Chancellery has commissioned the Federal Intelligence Service, 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 can yield findings relating to the areas of danger named in section 4(3), point 1, of the Federal Intelligence Service Act, or for protecting the legal interests named in section 4(3), points 2 and 3, of the Federal Intelligence Service Act; 8. to the Federal Office for Information Security, to protect the supply of the population in the sectors under section 2, point 4, of the Critical Infrastructure Umbrella Act, or public safety, in order thereby to avert an impairment of the security or functionality of information technology systems of a critical facility or of an undertaking of particular public interest, where facts permit the inference of an event at least specific as to its nature and foreseeable in time that will be directed at the information technology systems of identifiable infrastructures or undertakings, and the data to be included in the response are necessary in the individual case to warn the operator of the critical facility concerned, or the undertaking of particular public interest concerned, of this impairment, to inform it of this, or to advise or support it in remedying it.
(4) Information under subsection (1), second sentence, may be provided only under the conditions of subsection (3) and only where the body requesting the information is also entitled, in the individual case, to use the data to be disclosed. Responsibility for entitlement to use the data to be disclosed lies with the bodies requesting the information.
(5) Information under subsection (1), third sentence, may be provided only to 1. the authorities competent for the prosecution of criminal offences, insofar as sufficient factual indications of a criminal offence exist and the data to be included in the response are necessary to investigate the facts, to determine the whereabouts of an accused person, or to enforce a sentence; 2. the authorities competent for averting dangers to public safety or order, where the data to be included in the response are necessary in the individual case a) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or a Land, the free democratic basic order, goods of the general public whose threatened loss affects the foundations of human existence, and not insignificant property, 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 a Land, the free democratic basic order, and goods of the general public whose threatened loss affects the foundations of human existence, where facts permit the inference of an event at least specific as to its nature and foreseeable in time, in which particular persons will be involved, or c) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or a Land, the free democratic basic order, and goods of the general public whose threatened loss affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that the person will, within a foreseeable period, commit a criminal offence directed against such a legal 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 is involved, in a manner specific as to its nature, as a principal or accessory in the commission of an offence within a foreseeable period, 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, provided a) sufficient factual indications of a criminal offence within the meaning of section 2(1) of the Federal Criminal Police Office Act exist and the data to be included in the response are necessary aa) to determine the competent prosecuting authority, or bb) to handle a request for information from a foreign prosecuting authority in the course of international police cooperation, processed in accordance with the provisions on international legal assistance in criminal matters, or b) the data to be included in the response are necessary, in the course of enforcement of a sentence, to handle a request for information from a foreign prosecuting authority in the course of police cooperation, processed in accordance with the provisions on international 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 response are necessary to aa) determine the police authority competent for preventing the offence, or bb) handle a request for information from a foreign police authority in the course 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 specific at least 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 response are necessary to aa) determine the police authority competent for preventing the offence, or bb) handle a request for information from a foreign police authority in the course 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 the person 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 response are necessary to aa) determine the police authority competent for preventing the offence, or bb) handle a request for information from a foreign police authority in the course of police cooperation, for the purpose of preventing the offence; 4. the Customs Criminal Investigation Office, as the central office under section 3 of the Customs Investigation Service Act, provided a) sufficient factual indications of a criminal offence exist in the individual case and the data to be included in the response are necessary to aa) determine the competent prosecuting authority, or bb) handle a request for information from a foreign prosecuting authority in the course of international police cooperation, processed in accordance with the provisions on international legal assistance in criminal matters, including in the course of enforcement of a sentence, 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 a Land, the free democratic basic order, goods of the general public whose threatened loss affects the foundations of human existence, and not insignificant property, 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 a Land, the free democratic basic order, and goods of the general public whose threatened loss affects the foundations of human existence, where facts permit the inference of an event at least specific as to its nature and foreseeable in time, in which particular persons will be involved, or cc) to protect life, limb, personal liberty, sexual self-determination, the existence and security of the Federation or a Land, the free democratic basic order, and goods of the general public whose threatened loss affects the foundations of human existence, where the individual conduct of a person gives rise to the concrete probability that endangerment of such a legal interest will occur within a foreseeable period, or dd) to handle a request for information from a foreign police authority in the course 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 is involved, in a manner specific as to its nature, as a principal or accessory in the commission of the offence within a foreseeable period, 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 authorities for the protection of the constitution of the Federation and the Länder, insofar as this is 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 of the Land authority established under Land law in relation to the protection of the constitution (section 1(1) of the Federal Act on the Protection of the Constitution), in particular to protect the constitutional order from endeavours and activities of organised crime; 6. the Federal Office of Military Counter-Intelligence, insofar as this is necessary in the individual case, on the basis of factual indications, for performing the functions under section 2(1), (4), or (5) of the MAD Act; 7. the Federal Intelligence Service, insofar as this is necessary a) for the political information of the Federal Government, where factual indications exist in the individual case that the information can yield information about foreign countries that is of foreign and security policy significance for the Federal Republic of Germany and for the investigation of which the Federal Chancellery has commissioned the Federal Intelligence Service, 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 can yield findings relating to the areas of danger named in section 4(3), point 1, of the Federal Intelligence Service Act, or for protecting the legal interests named in section 4(3), points 2 and 3, of the Federal Intelligence Service Act; 8. the Federal Office for Information Security, to protect the supply of the population in the sectors under section 2, point 4, of the Critical Infrastructure Umbrella Act, or public safety, in order thereby to avert an impairment of the security or functionality of information technology systems of a critical facility or of an undertaking of particular public interest, where facts permit the inference of an event at least specific as to its nature and foreseeable in time that will be directed at the information technology systems of identifiable infrastructures or undertakings, and the data to be included in the response are necessary in the individual case to warn the operator of the critical facility concerned, or the undertaking of particular public interest concerned, of this impairment, to inform it of this, or to advise or support it in remedying it.
(6) A person who commercially provides telecommunications services, or contributes to their provision, must transmit the data to be disclosed without delay and completely. The obligated parties must maintain confidentiality vis-à-vis the data subjects and third parties regarding the request for information and the provision of the information.
(7) A person providing publicly available telecommunications services must maintain secured electronic interfaces for receiving requests for information and for providing the corresponding information, in accordance with the statutory instrument under section 170(5) and the Technical Guideline under section 170(6), by which transmission secured against unauthorised access to the data is also ensured. In doing so, obligated parties with 100,000 or more contractual partners must maintain the interface and the e-mail-based transmission procedure under the Technical Guideline under section 170(6). Obligated parties with fewer than 100,000 contractual partners need maintain only the e-mail-based transmission procedure. In addition, section 31(2), second to fourth sentences, and (6) and (7), section 34(1), first and third sentences, and (2), and section 35 of the statutory instrument under section 170(5) apply correspondingly to receiving requests for information and to transmitting the corresponding information. The obligated parties must ensure that every request for information is examined by a responsible specialist for compliance with the formal requirements named in subsection (2), and that further processing of the request is released only after a positive examination result. The examination and release by a responsible specialist under the fifth sentence may be dispensed with insofar as compliance with the formal requirements named in subsection (2) can be automatically verified through the technical design of the electronic interface.