Gesetz zur Beschränkung des Brief-, Post- und Fernmeldegeheimnisses

The terms G 10 Act, 10 Act or shortly G 10 the laws of the Federal Republic of Germany law is referred to in Article 10 of the Basic Law of 13 August 1968 ( Federal Law Gazette I, p 949 ) that the powers of the German intelligence services regulates them to work in the guaranteed by Article 10 of the Basic Law secrecy of correspondence, postal secrecy and telecommunications.

With the Act of 26 June 2001 ( Federal Law Gazette I p 1254 ), the article 10 law under the name of law on the restriction of correspondence, posts and telecommunications secrecy (Article 10 of Law - G 10) recast and Others. amended by Article 3 paragraph 1 of the Thirty-seventh amendment to the Criminal law of 11 February 2005 ( Federal Law Gazette I, p 239). Another change in terms of powers of the Federal Intelligence Service (BND ) abroad was carried out by the Law of 31 July 2009 ( Federal Law Gazette I p 2499 ).

• 6.2.1 Basics
• 6.2.2 Report on the year 2012
• 6.2.3 Report on the year 2011

Formation and special character

Article 10 of the Basic Law was established in 1968 as part of the emergency legislation adopted from 1966 to 1969, first ruling grand coalition, as amended. This constitutional article was supplemented by a paragraph 2: Restrictions ( secrecy of correspondence and postal and telecommunications secrecy ) may be ordered only pursuant to a law. (Stand up for change in the new paragraph 1 ) the restriction serves to protect the free democratic basic order or the existence or security of the Federation or of a Land, the law may provide that it is not communicated to the person concerned and that of the place of the law legal process, the review by appointed by the People's agencies and auxiliary organs occurs. Contrary to the fundamental right under Article 19, paragraph 4 of the Basic Law, it is therefore not possible in these cases, the Executive Director. The guarantee of Article 19, under which a court can be appealed against any decision of the management is broken here. The control is carried out exclusively by the so-called G -10 Commission. This is called by the employed by the German Bundestag and consisting of members of the Bundestag parliamentary oversight committee. The so-called G - 10 law came as the constitutional amendment in 1968 into force. It governs the substantive requirements for the limitation of fundamental rights, the procedures and appointment and functioning of the G -10 Commission.

Outline of the Law

The Act has the following structure:

Section 1 General provisions

Section 2 restrictions in individual cases

Section 3 Strategic restrictions

Section 4 Procedure

Section 5 control

Section 6 penalty and fines

Chapter 7 Concluding provisions

Monitoring and recording of telecommunications as well as opening and evaluation of mail

The law authorized the constitution protection authorities of the federal and state governments, the Military Counterintelligence Service and the Federal Intelligence Service (BND) under certain circumstances, for the monitoring and recording of telecommunications and the opening and evaluation of the letter or postal secrecy underlying shipments.

Providers of postal and telecommunications services are required to enable the monitoring of telecommunications to provide information about the circumstances of postal traffic and hand over shipments. A prerequisite for such a request of the intelligence services that actual evidence of planning or perpetration of certain catalog offenses, including not only peace or treason (§ § 80 to 83Vorlage: § / Maintenance / buzer of the Criminal Code ) now also breach of the peace or sedition (§ § 129a to 130Vorlage: § / maintenance / buzer of the Criminal Code ) and offenses under § 95Vorlage: § / maintenance / buzer paragraph 1 No. 8 of the Residence Act ( smuggling of aliens ) belong, are given. The catalog of offenses less coincides with that of the 100aVorlage §: § / Maintenance / buzer Code of Criminal Procedure, which governs the interception of telecommunications for the purpose of criminal investigations by the public prosecutor, but the runs under control by independent courts by a different method.

In contrast to the measures of criminal prosecution are also so-called "strategic constraints " that is nationwide, "bundled" in the Act referred to, monitoring a variety of telecommunications links for keywords at the same time possible. The Federal Administrative Court declared the strategic interception of communications by the Federal Intelligence Service after the attacks of September 11, 2001, in a decision of January 2008 to be admissible.

Transmission of BND findings to other states

The provisions of § 7aVorlage: § / Maintenance / buzer can it be that the BND - this he needs the approval of the Federal Chancellery - to foreign intelligence data transmitted, which he obtained in the framework of "G - 10 measures " to the extent " 1 the transmission to safeguard foreign or security policy interests of the Federal Republic of Germany or substantial security interests of the foreign state is required, do not preclude second overriding legitimate interests of the person concerned, in particular in the foreign country an adequate level of data protection is ensured as well as it can be assumed that the use of carried out data by the recipient in accordance with fundamental constitutional principles, and 3rd reciprocity is maintained. "(§ 7 paragraph 1) in the years 2010 and 2011, no transfers occurred less frequently ( Bundestag printed paper 17/12773, report of 13 March 2013, p 8)

Method

The arrangement of such measures of intelligence was made at the written request of the authorities of the respective conductor intelligence by - depending on the applicant - in individual cases competent Ministry of Interior of the Federation or of a Land, which at this stage of a review by the courts is not provided. A check on legality happens at the federal level such that the body responsible for the arrangement of the restrictions Ministry at intervals not exceeding six months shall inform the specially-designed, consisting of a small number of deputy parliamentary oversight committee. Between the sub- directions of the supervisory body responsible for monitoring the actions of the so-called G -10 Commission, whose members are appointed by the Parliamentary Control Committee and of a chairman - is, three associates - be the only qualified lawyer needs. In the individual federal states corresponding bodies due to state laws for implementation of Article 10 Act are set up for monitoring the action of existing in Germany 16 regional authorities for constitutional protection.

As the system of inspection procedure is given in the article 10 law, effective legal protection against intelligence eavesdropping is effectively excluded. The place of judicial examination of the facts provided political control bodies have, however, often proved in the past to be inadequate: In previous eavesdropping scandals in the Federal Republic, there were sometimes policy makers to the tip of the Ministry (see the eavesdropping scandal grape), which involved in the illegal measures or were they even had initiated.

G -10 Commission

Task: "(5) The G -10 Commission decides ex officio or on the basis of complaints about the reliability and necessity of restraint measures. The Commission's scrutiny extends to the entire collection, processing and use of personal data obtained under this Act by Federal intelligence services, including the decision concerning the notification to those affected. "

( 1) The G -10 Commission consists of the Chairman, who must be qualified to be a judge and three associate members and four alternate members who may participate in the meetings with speech and the right to question.

Special powers:

( 2) The deliberations of the G -10 Commission are confidential.

( 3) The G -10 Commission is to provide necessary for the performance of their duties staff and material resources available; [ ... ]. The Commission shall be provided with technical expertise available to employees.

(5) [ ... ]. The Commission and its staff is particularly

To provide first information to their questions,

To give 2 access to all documents, particularly in the stored data and the data processing programs, which are related to the restraint measure, and

3 at any time to provide access to all premises.

The Commission may give the Federal Commissioner for Data Protection opportunity to comment on matters of data protection.

[ ... ]

( 7) The competent Federal Ministry informed monthly G -10 Commission on notifications of federal according to § 12 para 1 and 2, or of the reasons for refusing a message. Where the Commission considers necessary for communication, this must be filled immediately. § 12 paragraph 3, sentence 2 remains unaffected, if the behavior of a state authority is required.

Members of the G 10 Commission

The members of the G 10 Commission are appointed in accordance with § 15 of the G 10 Act by the Parliamentary Control Committee of the Bundestag, after consultation with the Federal Government for the duration of the parliamentary term. Their term of office ends only with the new appointment of the Commission, no later than three months after the end of the parliamentary term.

17th legislature of the Bundestag

The four members of the Committee for the 17th legislature of the German Bundestag (2009-2013 ) are as chairman Hans de With ( b. 1932, SPD Bundestag member until 1994) and as Vice Chairman Erwin Marscheweski (born 1940, CDU member of the Bundestag to 2009 ), Rainer Funke ( born 1940, FDP member of the Bundestag until 2005), his representative is Hartfrid Wolff (born 1971, FDP member of the Bundestag since 2005). In addition, Member Ulrich Maurer ( born 1948, THE LEFT - member of the Bundestag ), his representative is Bertold Huber ( born 1948, Chief Judge of the Administrative Court of Frankfurt am Main). Representative of the member de With is Volker Neumann ( born 1942, SPD member of the Bundestag until 2005). Erwin Marscheweski is represented by Rudolf Kraus ( born 1941, CSU Bundestag until 2005).

18th legislature of the Bundestag

For the 18th legislature of the German Bundestag ( 2013-2017 ) have been appointed in January 2014 as members and representatives: Chairman Attorney Andreas Schmidt (born 1956 to 2013 CDU member of the Bundestag ), Vice Chairman Bertold Huber, Frank Hofmann (b. 1949, SPD Bundestag member until 2013) and Ulrich Maurer. These are represented ( in the above order ) of NN, Wolfgang Götz ( born 1955, CSU Bundestag ), Michael Hartmann (born 1963, SPD Bundestag member) and Halina Wawzyniak ( born 1973, DIE LINKE parliamentary deputies).

Public reports on the work of the G -10 Commission

Basics

The German Bundestag is regularly reported on the decisions of the G -10 Commission a written report, which is published as a Bundestag printed. About the G -10 Commission is referenced in the annual report of the Parliamentary Control Panel, the reimbursed according to § 14 paragraph 1 sentence 2 of the G 10 Act. Over the period from 1 January 2010 to 31 December 2010 was reported by the Commission after more than a year, on 10 February 2012, ( Bundestag printed paper 17/8639 ). The report covering the period from 1 January 2011 to 31 December 2011 was published on 13 March 2013 as the Bundestag printed paper 17 / 12773rd It is also noted that a summary of all previous reports in the above printed matter on 10 February 2012, and was included in the printed matter 16/11559.

Report on the year 2012

About the work of the Commission in 2012, a report is not yet published. According to the practice of the Bundestag, the reports are not published until about 13 months after the end of each year.

Report on the 2011

According to the report in the Bundestag printed paper 17/12773, this was the major annual work 2011: The G -10 Commission met monthly. This is the legal minimum session Cycle (§ 15 paragraph 4 sentence 1 of the Act). They decided on the admissibility and necessity of restraint measures. She met these decisions:

• Restrictions under § 3: 156 cases with intermediate ( first half and second half-year) 396 and 344 primary and 432 secondary and 382 affected
• Notice to Affected by § 12: 97 Communication decisions to 848 retired from monitoring individuals and institutions. In 558 control measures main and 407 secondary parties were decided in 151 to inform the person concerned. The notification requirements were denied at 275 persons / institutions with 117 primary and 158 secondary victims.
• In all 16 complaints from 10 G - monitoring affected the Commission denied a violation of Article 10 of the Basic Law.
• Consent to action in these areas: " International terrorism ", " proliferation and conventional arms " and " Illegal smuggling ". In the first region, the G -10 Commission voted 1,450 or 1,660 (first and second half-year) relating to search terms, which concerned 329 628 cases of telecommunications traffic, almost entirely in e- mail traffic. As an intelligence- relevant were classified 136 of the intercepted traffic. At the " proliferation and conventional arms " agreed the G 10 Commission in the first half and in the second 13,521 13,786 search terms. Of these, 2,544,936 telecommunications traffic were affected, of which 26 were classified as intelligence- relevant. The area " Illegal smuggling ", the Commission approved in the first half 348 and the second 294 keywords. 98 Of the 436 it acquired telecom traffic were intelligence- relevant.

The report for the year 2011 includes respective comparative figures for 2010, which sometimes differ significantly from those of 2011.