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Federal Intelligence Service Act

Federal Intelligence Service Act

The tasks and competencies of the Bundesnachrichtendienst, as well as requirements in terms of data protection, data storage and data transfer, are set out in the German Federal Intelligence Service Act (BNDG).

Extract from the Federal Intelligence Service Act (BNDG)

Section 1 Organisation and functions

The Federal Intelligence Service is a higher federal authority within the area of responsibility of the Head of the Federal Chancellery. It must not be attached to a police authority. The Federal Intelligence Service shall collect and analyse information required for obtaining foreign intelligence, which is of importance for the foreign and security policy of the Federal Republic of Germany. (…)

Section 2 Powers

The Federal Intelligence Service may collect, process and use the required information, including personal data, in so far as this does not conflict with the applicable provisions of the Federal Data Protection Act or special regulations in this Act,

  1. for the protection of its staff members, facilities, objects and sources against sensitive or intelligence activities;
  2. for the security screening of persons who work or are to work for it;
  3. for the checking of information obtained, which is necessary for the performance of functions; and
  4. about events abroad which are important for the foreign and security policy of the Federal Republic of Germany, if such information can be obtained only in this way and no other authority is responsible for its collection. (…)

Section 9 Release of information by the Federal Intelligence Service

The Federal Intelligence Service may release information, including personal data, to domestic authorities, if this is necessary for the performance of its functions, or if the recipient needs the data for purposes of public security. Unless the law provides otherwise, the recipient may use the released data only for the purpose for which they were transmitted to him. (…)

Section 12 Mandatory reporting

The Federal Intelligence Service shall inform the Head of the Federal Chancellery about its activities. In addition, it shall also directly inform the Federal Ministers within the scope of their competencies; in this context, the communication of personal data shall also be admissible.