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Part 2 · Federal Financial Supervisory Authority › Section 7

Disclosure of communications data

(1) The Bundesanstalt may require a telecommunications operator to disclose already existing traffic data within the meaning of sections 9 and 12 of the Telecommunications and Digital Services Data Protection Act in that operator's possession, where specific facts give rise to a suspicion that a person has infringed Article 14 or 15 of Regulation (EU) No 596/2014, provisions of Regulation (EU) No 600/2014, Commission delegated acts and implementing acts adopted on its basis, or provisions of Parts 9 to 11 of this Act and the statutory instruments issued to implement those provisions, insofar as this is necessary to investigate the facts. Section 100a(3) and (4) and section 100e(1), (3) and (5), first sentence of the Code of Criminal Procedure apply correspondingly, with the proviso that the Bundesanstalt is entitled to apply. The Frankfurt am Main Local Court has jurisdiction. An appeal lies against the judicial decision; sections 306 to 310 and 311a of the Code of Criminal Procedure apply correspondingly. The privacy of correspondence and of posts and telecommunications under Article 10 of the Basic Law is restricted to that extent.
(2) The Bundesanstalt may require investment services undertakings, data reporting services providers, credit institutions within the meaning of Article 4(1), point 1 of Regulation (EU) No 575/2013, supervised entities within the meaning of Article 3(1), point 17 of Regulation (EU) 2016/1011, and financial institutions within the meaning of Article 4(1), point 26 of Regulation (EU) No 575/2013, to disclose already existing
1. recordings of telephone conversations,
2. electronic communications, or
3. traffic data within the meaning of sections 9 and 12 of the Telecommunications and Digital Services Data Protection Act, in the possession of those undertakings, insofar as necessary, on the basis of indications, for monitoring compliance with a prohibition or requirement under Articles 14 and 15 of Regulation (EU) No 596/2014, under Regulation (EU) No 600/2014 and the Commission delegated acts and implementing acts adopted on its basis, under Regulation (EU) 2016/1011, or under provisions of Parts 9 to 11 of this Act and the statutory instruments issued to implement those provisions. The privacy of correspondence and of posts and telecommunications under Article 10 of the Basic Law is restricted to that extent.

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