Law on the protection of the safety of the Federal Republic of Germany by the spread of high-quality earth remote sensing data (Satellite Data Security Act-SatDSiG)
Unofficial table of contents
SatDSiG
Date of completion: 23.11.2007
Full quote:
" Satellite Data Security Act of 23 November 2007 (BGBl. 2590), as last amended by Article 4 (59) of the Law of 7 August 2013 (BGBl). I p. 3154).
Status: |
Last amended by Art. 4 Abs. 59 G v. 7.8.2013 I 3154 |
For more details, please refer to the menu under
Notes
Footnote
(+ + + Text evidence from: 1.12.2007 + + +)
Unofficial table of contents
Content Summary
Part 1Scope
§ 1 |
Scope |
§ 2 |
Definitions |
Part 2Operation of a
high-quality earth remote sensing systems
§ 3 |
Approval |
§ 4 |
Approval requirements |
§ 5 |
Documentation Light |
§ 6 |
Notification duty |
§ 7 |
Obligation to provide information |
§ 8 |
Subject and examination rights |
§ 9 |
Measures taken by the competent authority |
§ 10 |
Acquisition of companies and shareholdings; acquisition of operations |
Part 3Verwidths of data chapter 1General requirements
§ 11 |
Authorisation |
§ 12 |
Eligibility requirements |
§ 13 |
Notification duty |
§ 14 |
Obligation to provide information |
§ 15 |
Subject and examination rights |
§ 16 |
Measures taken by the competent authority |
Chapter 2Procedure of dissemination of data
§ 17 |
Sensitivity Check |
§ 18 |
Documentation Light |
§ 19 |
Permission |
§ 20 |
Collection permit |
Part 4Pre-eminent
Handling requests
of the Federal Republic
Section 21 |
Obligation of the data provider |
Section 22 |
Obligation of the operator |
Section 23 |
Remuneration |
Part 5 Implementing Regulations
§ 24 |
Responsibility |
Section 25 |
Procedure |
Section 26 |
Fees and expenses |
§ 27 |
Transmission of personal data, operational and business secrets |
Part 6Penal provisions,
Criminal provisions
§ 28 |
Irregularities |
§ 29 |
Offences |
§ 30 |
Foreign stators of German |
Section 31 |
Criminal and penal procedures |
Part 7Transition
and final provisions
Section 32 |
Amendment of the Federal Constitutional Protection Act |
§ 33 |
Amendment of the Security Review Act |
Section 34 |
Transitional arrangements |
§ 35 |
entry into force |
Part 1
Scope
Unofficial table of contents
§ 1 Scope
(1) This Act shall apply:
-
1.
-
for the operation of high-quality earth remote sensing systems
-
a)
-
by German nationals, legal persons or associations of persons of German law,
-
b)
-
by foreign legal persons or associations of persons who have their administrative headquarters in the Federal territory, or
-
c)
-
insofar as the unalterable discontinuation of the command sequences for the communding of the orbital system is carried out from the Federal territory;
-
2.
-
for the handling of the data produced by a high-quality earth remote sensing system as specified in point 1, to the point where it is to be used
-
a)
-
by German nationals, legal persons or associations of persons of German law,
-
b)
-
by foreign legal persons or associations of persons who have their administrative headquarters in the Federal territory, or
-
c)
-
to the extent that the data are spread from the federal territory.
(2) This Act does not apply to the operation of high-quality earth remote sensing systems by a state body with military or intelligence tasks, to the extent that the knowledge of the generated data is excluded by unauthorised persons. The law must be applied if the operation of a high-quality earth remote sensing system is permitted under the legislation of another Member State of the European Union and that legislation is subject to the rules and regulations, and The protection interests of this law are comparable. The competent authority may depart from the application of the law to the extent that the legislation of a third country fulfils the conditions set out in sentence 2 and an agreement under international law between the third country and the Federal Republic of Germany Germany, in which the comparability of the regulations and protection interests is established.
Unofficial table of contents
§ 2 Definitions
(1) For the purposes of this Act
-
1.
-
Operator: who steers the Earth Remote Sensing System under its own responsibility;
-
2.
-
are data: signals of a sensor or of several sensors of an orbital or transport system and all products derived therefrom, irrespective of the degree of their processing and the nature of their storage or presentation; date within the meaning of § 27 is each a single statement;
-
3.
-
is data provider: who disseminates data generated by a high-quality earth remote sensing system;
-
4.
-
is a high-quality earth remote sensing system: a space-based transport or orbital system, including the ground segment, with which data are generated over the earth, to the extent that its sensor or sensors are themselves or in combination with one or more of the elements of the Earth's surface. a number of other sensors are technically capable of producing data with a particularly high information content within the meaning of paragraph 2;
-
5.
-
is a sensor: part of a space-based Earth remote sensing system, which records electromagnetic waves of all spectral ranges or gravimetric fields;
-
6.
-
is spreading: the placing on the market or making available the data for third parties.
(2) The Federal Ministry of Economics and Technology has to adopt, by means of a regulation without the consent of the Federal Council, provisions on the conditions under which data have a particularly high information content. The information content shall be determined in accordance with
-
1.
-
the geometric resolution,
-
2.
-
the spectral coverage,
-
3.
-
the number of spectral channels and the spectral resolution,
-
4.
-
radiometric resolution and
-
5.
-
the temporal resolution.
In the case of microwave or radar sensors, the information content must also be determined according to
-
1.
-
the polarisation characteristics and
-
2.
-
of the phase story.
The provisions shall take into account the possible effects of the dissemination of data with a particularly high content of information on the essential security interests of the Federal Republic of Germany, the peaceful coexistence of the peoples and the external relations of the Federal Republic of Germany.
Part 2
Operation of a high-quality earth remote sensing system
Unofficial table of contents
§ 3 Approval
(1) The operation of a high-quality earth remote sensing system shall be subject to approval. (2) Nightful amendments to the permit shall be permitted if necessary to ensure compliance with the conditions of approval in the event of a retrospective effect. (3) The requirements of other laws for the operation of a high-quality earth remote sensing system shall remain unaffected. The authorisation shall be granted without prejudice to the private rights of third parties. (4) If a space-based remote sensing system is not of high quality, the competent authority shall, at the request of the operator, determine that. If the approval requirement is subsequently waived by amending the provisions of Section 2 (2), the authorisation shall be issued.
Unofficial table of contents
§ 4 Approval Requirements
(1) The authorisation shall be granted if:
-
1.
-
the operator of the high-quality earth remote sensing system has the necessary reliability,
-
2.
-
the command sequences to
-
a)
-
Communding of the orbital or transport system,
-
b)
-
Control of the sensor or sensors,
-
c)
-
Control of the transmission of the data by the orbital or transport system to a ground segment of the operator or to a person authorised pursuant to § 11 and
-
d)
-
Control of the spreading of the data directly through the orbital or transport system
produced in the Federal Republic of Germany and protected against alteration by third parties by a procedure certified by the Federal Office for Information Security in the field of information technology, and declared suitable for use by third parties,
-
3.
-
the transmission of the data by the orbital or transport system to a ground segment of the operator or a person authorised pursuant to § 11, the transmission of the data between different sites of the operator's ground segment and the Transmission of the data from the operator to a person authorised in accordance with § 11 are protected against unauthorised knowledge by a procedure certified by the Federal Office for Security in Information Technology and declared fit for use, and
-
4.
-
the operator has taken technical and organisational measures to prevent unauthorised access to the facilities of the commander of the high-quality earth remote sensing system and to the facilities for reception, processing and storage of the data or access to the operating rooms used for this purpose.
(2) The operator shall, by the competent authority, have persons who have access to the facilities for the commercialisation of a high-quality remote sensing system or to the facilities for the reception, processing and storage of the data of such systems subject to a simple security check in accordance with the law on the security review.
Unofficial table of contents
§ 5 Documentation obligation
(1) The operator of a high-quality earth remote sensing system shall be obliged to:
-
1.
-
the command sequences for the communding of the orbital or transport system,
-
2.
-
the command sequences for the control of the sensor or sensors,
-
3.
-
Information on encryption methods, keys used and key management, and
-
4.
-
the timing and the path of the command
(2) The records referred to in paragraph 1 shall be kept for at least five years after the execution of the respective order of command and shall be kept ready for inspection by the competent authority.
Unofficial table of contents
§ 6 Display obligation
(1) The operator of a high-quality earth remote sensing system shall have the competent authority
-
1.
-
changes in the facts which he/she has to register for registration in the Register of Trade or Associations; and
-
a)
-
where the operator is active in the legal form of a commercial partnership, changes in the social contract, or
-
b)
-
in so far as the operator is acting in the legal form of a limited liability company, changes in the persons of the members or the extent of their participation,
-
2.
-
Actual indications that a third party departs the command sequences for the communding of the orbital or transport system, for the control of the sensor or the sensors or for controlling the transmission of the data from the orbital or transport system or attempted to depart, and
-
3.
-
Changes in the measures taken pursuant to § 4 (1) no.
(2) The operator of a high-quality earth remote sensing system shall immediately notify the competent authority in writing to which, according to § 11, he/she shall transmit data.
Unofficial table of contents
§ 7 Information to be provided
(1) The operator of a high-quality earth remote sensing system shall, on request, provide the competent authority with information and submit documents to the extent that this is necessary to monitor compliance with this law and the provisions adopted pursuant to that law. (2) Persons responsible for providing information may refuse to provide information on such matters, the answers to which they themselves or one of the members of the danger referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure a criminal prosecution or a procedure under the law on It would be subject to misalignment.
Unofficial table of contents
§ 8 Entry and examination rights
The officers of the competent authority shall have the power to enter the operating and commercial premises of the operator of a high-quality earth remote sensing system at the normal operating and business hours, and which shall be responsible for the performance of their duties § § 196, 197 para. 1 sentence 1 and 2 and 2, 2, § 198, 199 para. 2 and § § 200 to 202 of the tax regulations apply accordingly.
Unofficial table of contents
Section 9 Measures of the competent authority
(1) The competent authority may, on a case-by-case basis, order the operator of a high-quality earth remote sensing system to take those measures necessary for the proper performance of its duties. (2) The competent authority may: in particular
-
1.
-
temporarily prohibit the transmission of data to a ground segment or to a person admitted in accordance with § 11, or
-
2.
-
to carry out the operation, in whole or in part, to a suitable special representative.
(3) The costs incurred as a result of the appointment of the Special Representative, including the remuneration to be paid to the Special Representative, shall be borne by the operator of the high-quality earth remote sensing system. The competent authority shall determine the amount of the remuneration.
Unofficial table of contents
§ 10 Acquisition of companies and shareholdings; acquisition of undertakings
(1) The acquisition by a company of a high-quality earth-remote sensing system or the acquisition of a direct or indirect participation in such a company by:
-
1.
-
foreign nationals, legal persons or associations of persons of foreign law, or
-
2.
-
legal persons or associations of persons under German law, in which foreign nationals, legal persons or associations of persons hold foreign law at least 25 per cent of the voting rights,
shall be notified immediately by the acquirer of the competent authority. This shall not apply if the direct or indirect share of the voting rights of the acquirer in the undertaking concerned does not reach 25 per cent after the acquisition of the holding. When calculating the share of the voting rights of the acquirer, it shall be attributable to the shares of other undertakings in the undertaking to be acquired, if the acquirer holds at least 25 per cent or more of the voting rights in the other undertaking. The competent authority may prohibit the acquisition within one month from the receipt of the complete information on the acquisition, where necessary, in order to ensure the essential security interests of the Federal Republic of Germany. (2) The full or partial take-over of the operation of a high-quality earth remote sensing system or parts of such a requirement shall be subject to the authorisation if the acceptance of the permit pursuant to section 3 (1) is not required. The application for the grant of the licence shall be submitted by the accepting person. Permission shall be granted if the continued operation of the high-quality earth remote sensing system or parts of the high-quality earth remote sensing system does not endanger the essential security interests of the Federal Republic of Germany.
Part 3
Disseminating Data
Chapter 1
General requirements
Unofficial table of contents
§ 11 Approval
(1) A data provider who wishes to disseminate data is subject to authorisation. (2) Admitting changes to the authorisation are permissible if this is necessary in order to ensure compliance with the admission requirements in the event of retrospection of facts. or any amended legislation.
Unofficial table of contents
§ 12 Admission requirements
(1) The authorisation shall be granted if:
-
1.
-
the data provider has the required reliability,
-
2.
-
the data provider has taken technical and organisational measures to prevent unauthorised access to the facilities for the reception, processing and storage of data of a high-quality ground-based remote sensing system or access to the data providers. of the operating rooms used for this purpose,
-
3.
-
the transmission of the data between different locations of the ground segment of the data provider and the transmission of the data to another data provider by a test and suitable for use by the Federal Office for Information Security in the information technology shall be protected against unauthorised knowledge and
-
4.
-
the safe spread of the data produced by a high-quality earth remote sensing system according to the state of the art is ensured.
(2) The data provider shall have persons who have access to the facilities for the reception, processing and storage of data of a high-quality earth-remote sensing system by the competent authority of a simple security screening according to the To be subject to a law on security inspection.
Unofficial table of contents
§ 13 Display obligation
The data provider shall have the competent authority
-
1.
-
changes in the facts which he/she has to register for registration in the Register of Trade or Associations; and
-
a)
-
as far as the data provider is active in the legal form of a personal commercial company, changes in the social contract or
-
b)
-
as far as the data provider operates in the legal form of a limited liability company, changes in the persons of the members or the extent of their participation,
-
2.
-
changes in the measures taken pursuant to section 12 (1) (2) and
-
3.
-
Actual evidence that the security of the data generated by a high-quality earth remote sensing system will not be maintained,
to notify immediately in writing.
Unofficial table of contents
§ 14 The obligation to provide information
(1) The data provider shall, on request, provide the competent authority with information and submit documents to the extent necessary to monitor compliance with this law and the legal regulations adopted pursuant to this Act. (2) The Data Provider shall: Data providers may refuse to provide information on such questions, the answers of which themselves or any of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure, the risk of criminal prosecution or a procedure after of the law would be subject to the law on administrative offences.
Unofficial table of contents
§ 15 Entry and examination rights
The officers of the competent authority shall have the power to enter the operating and business premises of the data provider at the usual operating and business times and to carry out the necessary tests to carry out their duties; § § 196, 197 (1) sentence 1 and 2 and (2), § § 198, 199 (2) and § § 200 to 202 of the tax regulations apply accordingly.
Unofficial table of contents
Section 16 Measures of the competent authority
The competent authority may, on a case-by-case basis, order the data provider to order those measures which are necessary for the proper performance of its obligations. It may in particular:
-
1.
-
to adjust the width of the data to the state of the art; or
-
2.
-
temporarily prohibit the spread of data.
Chapter 2
Method of propagating data
Unofficial table of contents
§ 17 Sensitivity Check
(1) The data provider who wishes to serve a request for data from a high-quality earth remote sensing system has to examine the request for sensitivity in accordance with a legal regulation referred to in paragraph 3. (2) A request is sensitive, if
-
1.
-
the information content of the data obtained by the sensor operating mode used and by the processing used,
-
2.
-
the target area represented by the data;
-
3.
-
the date of the production of the data and the period between the production of the data and the operation of the request; and
-
4.
-
the ground segments to which the data is to be transmitted,
In their review, the possibility of a claim for damages for the essential security interests of the Federal Republic of Germany, the peaceful coexistence of the peoples or the external relations of the Federal Republic of Germany are the result. The review in accordance with the first sentence shall take place in the appearance of the person of the requesting person and shall take account of the persons who come into contact with the data in accordance with their intended purpose, including their habitual residence. To this end, the data provider shall check the identity of the requesting party in an appropriate manner and shall require the identification of the persons, including their habitual residence, which are in accordance with the data in accordance with the data. (3) Federal Ministry of Economics and Technology, in agreement with the Federal Ministry of Defence, the Federal Foreign Office and the Federal Ministry of the Interior, has to enact provisions without the consent of the Federal Council, by means of a legal regulation, the conditions laid down in paragraph 2 shall be subject to the possibility of a claim for damage to the shall be given. In doing so, it shall take into account regularly updated findings of the safety requirements of the authorities concerned, the obligations and agreements of the Federal Republic of Germany with regard to the Member States of the European Union, the Parties to the North Atlantic Treaty of 4 April 1949 (BGBl. 289), as amended by the Protocol of 17 June 1995. October 1951 (BGBl. 293) and in relation to Australia, Japan, New Zealand and Switzerland, the state of the art with regard to the production of data with a particularly high level of information, the existing rules under which the questioner continues to collect the data. , and the availability of comparable data on international markets. The Regulation provides for the procedure to be followed in accordance with the first sentence of paragraph 2 and the second sentence of paragraph 2. The legal regulation must not leave the data provider its own discretion as to whether a request is sensitive. The data provider may be informed of any forthcoming changes to the legal regulation. In agreement with the Federal Ministry of Defence and the Federal Foreign Office, the Federal Ministry of Economics and Technology may, without the consent of the Federal Council, authorise the empowerment of the Federal Ministry of Defence and the Federal Republic of Germany to the Federal Office for economy and export control.
Unofficial table of contents
Section 18 Documentation obligation
(1) The data provider shall be obliged to record all requests for the transmission of data from a high-quality earth remote sensing system. This includes:
-
1.
-
the request, including the persons who come into contact with the data in accordance with their intended purpose, and their habitual residence,
-
2.
-
the examination of the identity of the questioner,
-
3.
-
the procedure and the result of the examination on the sensitivity of the request pursuant to section 17 (1) in conjunction with the provisions of a legal regulation pursuant to § 17 (3),
-
4.
-
the contract to the operator of the high-quality earth remote sensing system for the production of the data;
-
5.
-
the reception protocols of ground segments,
-
6.
-
the information on encryption methods, keys used and key management,
-
7.
-
the logs of the processing chains of the ground segment,
-
8.
-
the metadata of the data, in particular the target area, the date of generation of the data, the sensor operating mode, and the parameters of the processing of the data,
-
9.
-
the transfer protocols or delivery notes, including delivery confirmations, in relation to the operation of the request and
-
10.
-
the invoices.
Sentences 1 and 2 (4) to (10) shall apply mutatily if data are disseminated without a request. Where a request for the distribution of data from a high-quality earth remote sensing system is carried out from an archive, a reference to other logging and documentation shall be used for the purposes of the logging and documentation referred to in the second sentence of the second sentence of paragraph 4 and 5. (2) The records referred to in paragraph 1 shall be kept for at least five years after the production of the relevant data and shall be made available for inspection by the competent authority. (3) The data provider shall be obliged to: to hold similar protocols and documentations of foreign soil segments which he/she is responsible for Operation of the request for the transmission of data from a high-quality earth remote sensing system. Paragraph 2 shall apply mutagenously. (4) The data provider shall inform the requesting party of the retention of the data and the possibility of the official inspection.
Unofficial table of contents
§ 19 Permission
(1) If a data provider wishes to use a sensitive request, he/she shall be required to do so. This shall also apply if he wishes to disseminate data of a high-quality earth remote sensing system without a request. (2) The permission referred to in paragraph 1 shall be granted if the dissemination of the data in individual cases is the essential security interests of the Federal Republic of Germany. Germany does not endanger the peaceful coexistence of the peoples and does not significantly disturb the external relations of the Federal Republic of Germany. (3) The competent authority shall, at the latest one month after the request for permission, shall apply for permission. (4) The permission shall be without prejudice to the private rights of third parties .
Unofficial table of contents
§ 20 Collaration permit
The competent authority may issue a collection permit if a data provider
-
1.
-
Making representations of data with greatly reduced information content or metadata accessible to everyone, or
-
2.
-
Sensitive requests, which are requested in a similar manner by the same person for an indefinite number of data of a high-quality earth remote sensing system.
The collection permit shall be subject to the conditions of section 19 (2) and may only be granted subject to withdrawal. A collection permit as set out in the first sentence of paragraph 1 shall determine the information content of which the data may not exceed the maximum amount. A collection permit referred to in the first sentence of paragraph 2 may only be granted for a specified period of time not exceeding three years.
Part 4
Priority operation of requests from the Federal Republic of Germany
Unofficial table of contents
Section 21 Oblivion of the Data Provider
In the following cases, the data provider shall be obliged to use requests from the Federal Republic of Germany, represented by the Federal Chancellery, for the data to be transmitted on a priority basis with respect to any other request:
-
1.
-
in the case of an alliance, in accordance with Article 5 of the North Atlantic Treaty of 4 April 1949 (BGBl. 289), as amended by the Protocol of 17 June 1995. October 1951 (BGBl. 1955 II p. 293),
-
2.
-
in the case of defence pursuant to Article 115 (a) to (l) of the Basic Law,
-
3.
-
if the conditions of the internal state of emergency are fulfilled in accordance with Article 91 of the Basic Law,
-
4.
-
in the event of a voltage fall under Article 80a of the Basic Law or
-
5.
-
if military or civilian forces deployed abroad are employed by the Federal Republic of Germany or by employees of the external service acting on the German diplomatic missions, who have a specific impact on the external security of the The Federal Republic of Germany is currently at risk.
Unofficial table of contents
Section 22 Obligation of the operator
The operator of a high-quality earth remote sensing system is obliged, in the cases of § 21, to treat orders for the production of data for the Federal Republic of Germany as a priority over any other contract for the generation of data. Without prejudice to the first sentence, the earth remote sensing request of the Federal Republic of Germany, represented by the Federal Chancellery, is to be carried out by a data provider. If the operator of a high-quality earth remote sensing system is nevertheless carried out, the operator does not require any authorisation pursuant to § 11 of this Directive.
Unofficial table of contents
§ 23 Compensation
(1) Without prejudice to the obligations arising from this part, a remuneration may be required for the production of the data in accordance with § 22 as well as for the operation of the request in accordance with § 21. The remuneration is to correspond to the respective average market price. (2) Further claims against the Federal Republic of Germany are excluded.
Part 5
Implementing provisions
Unofficial table of contents
Section 24 Jurisdiction
(1) The Federal Office of Economics and Export Control shall be the competent authority pursuant to this Act, subject to paragraphs 2 and 3. (2) The Federal Ministry of Economics and Technology shall be responsible for carrying out a security review pursuant to § 4 (2) and § 12 (2). for the economy and technology. (3) A notification in accordance with § 10 (1) sentence 1 shall be made to the Federal Ministry of Economics and Technology. The Federal Ministry of Economics and Technology, in agreement with the Federal Foreign Office and the Federal Ministry of Defence, is responsible for a reduction in the acquisition of companies or company participations in accordance with § 10 para. 1 sentence 4.
Unofficial table of contents
Section 25 Procedure
(1) An authorisation pursuant to § 3 (1), an admission pursuant to § 11 (1) and a permit pursuant to § 10 (2) sentence 1 shall each require a written application. A notification in accordance with § 10 (1) sentence 1 shall be made in writing. A permission in accordance with § 19 (1) sentences 1 and 2 as well as in accordance with § 20 sentence 1 shall require a written or electronic request. A request or a notification must be accompanied by the documents necessary for the examination of the conditions of grant. (2) The Federal Office for Security is to determine the suitability of a procedure pursuant to § 4 (1) no. 2 and 3 as well as § 12 (1) no. 3 of information technology at an early stage. The Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik-Bundesamt für Sicherheit in der Informationstechnik-Bundesamt für Sicherheit in der Informationstechnik-Bundesamt für Sicherheit in der Informationstechnik-Bundesamt für Sicherheit in der Informationstechnik) provides documents on the
Unofficial table of contents
§ 26 Fees and charges
For individually attributable public services under this Act, the competent authority shall charge fees and levies. The Federal Ministry of Economics and Technology is authorized to determine the fee levels, the fee level and the costs to be reimbured by means of a legal regulation without the consent of the Bundesrat, and in doing so, shall determine fixed rates or framework rates. . The rates shall be calculated in such a way that the costs associated with the service are covered. The importance, economic value or other benefits of the individually attributable public performance for the beneficiary shall be taken into account appropriately.
Unofficial table of contents
§ 27 Transmission of personal data, operating and business secrets
(1) The competent authority may submit to other authorities any personal data which it has become aware of in the performance of its duties under this Act, provided that the knowledge of the personal data is necessary from its point of view.
-
1.
-
on defence of a threat to the essential security interests of the Federal Republic of Germany or to the prevention of a disturbance of the peaceful coexistence of the peoples or a serious disturbance of the external relations of the Federal Republic of Germany Germany or
-
2.
-
for the prevention or prosecution of criminal offences.
A transfer as referred to in the first sentence of paragraph 2 shall be admissible only if there are actual indications of the future commission or the existence of criminal offences. In addition, the competent authority may transmit these personal data to the Federal Intelligence Service if the conditions set out in § 8 (3) of the BND Act are fulfilled. The third party to whom the personal data is transmitted may only use it for the purpose for which it is transmitted. (2) In criminal proceedings for a breach of this law, courts and public prosecutors shall be entitled to to the supreme federal authorities, to transmit personal data if this is to avert a threat to the essential security interests of the Federal Republic of Germany or to the prevention of a disturbance of the peaceful coexistence of peoples, or a significant disturbance of the external relations of the Federal Republic of Germany Germany is required. The personal data obtained in accordance with the first sentence may only be used for the purposes stated therein. The third party to which the personal data is transmitted may also transmit it to a public authority not mentioned in the first sentence of the first subparagraph only if the interest in the use of the personal data transmitted is of interest to the third party. (3) Business and commercial secrets are the same as personal data. (3) Business and business secrets are the same as personal data.
Part 6
Fines, penal rules
Unofficial table of contents
§ 28 Administrative Offences
(1) Contrary to the law, those who intentionally or negligently act
-
1.
-
operates a high-quality earth remote sensing system without authorisation pursuant to Section 3 (1),
-
2.
-
Contrary to § 10 (1) sentence 1, a notification is not, not correct, not fully or not reimbursed in time, or which is contrary to a enforceable order pursuant to § 10 (1) sentence 4,
-
3.
-
without permission
-
a)
-
in accordance with Article 10 (2), first sentence, the operation of a high-quality earth remote sensing system or parts of such a system,
-
b)
-
In accordance with § 19 (1) sentence 1, a sensitive request is served or
-
c)
-
disseminated without request in accordance with Article 19 (1) sentence 2,
-
4.
-
an enforceable arrangement in accordance with § 9 (1), (2) or § 16,
-
5.
-
disseminated data without authorisation pursuant to § 11 paragraph 1,
-
6.
-
Contrary to § 17 (1) in conjunction with the provisions of a regulation pursuant to Section 17 (3), a request for the data of a high-quality earth remote sensing system not, not correct, not complete or not in the prescribed Examine the sensitivity of the method to its sensitivity,
-
7.
-
, contrary to § 5 (1) or § 18 (1) sentence 1 and 2, a record is not made, not correct or not entirely, or that these records are not kept for at least five years pursuant to § 5 (2) or § 18 (2), or
-
8.
-
Contrary to Section 18 (3) sentence 1, there are no protocols and documentation referred to there.
(2) The offence is unlawful.
-
1.
-
contrary to § 6 para. 1 or § 13 an advertisement is not, not correct, not fully or not reimbursed in time, or
-
2.
-
Contrary to § 7 (1) or § 14 (1), information is not provided, not correct, not complete or not in good time.
(3) In the cases referred to in paragraph 1 (1) to (5), the administrative offence may be subject to a fine of up to five hundred thousand euros, in the cases referred to in paragraph 1 (6) to (8), with a fine of up to fifty thousand euros, and in the cases referred to in paragraph 2, with a fine of up to EUR 5 000. Fines of up to twenty-five thousand euro will be punished.
Unofficial table of contents
§ 29 Crime
(1) A term of imprisonment of up to five years or a fine shall be punished for who is responsible for an intentional act, referred to in § 28 (1) No. 1 to 6, which is appropriate for the
-
1.
-
the essential security interests of the Federal Republic of Germany,
-
2.
-
the peaceful coexistence of peoples, or
-
3.
-
the external relations of the Federal Republic of Germany
(2) The attempt is punishable.
Unofficial table of contents
§ 30 Foreign stators of German
§ 29 applies, regardless of the right of the crime scene, even abroad, if the perpetrator is German at the time of the act.
Unofficial table of contents
Section 31 Criminal and penal procedures
(1) Insofar as the district court is in fact competent for criminal offences in accordance with § 29, the district court in whose district the district court has its registered office shall be the local court. (2) In criminal proceedings, § 49 (2), 63 (2) and (3) sentence 1 as well as § 76 (1) and (4) shall apply. the Act on Administrative Offences on the participation of the administrative authorities in the proceedings of the Public Prosecutor's Office and in the judicial proceedings.
Part 7
Transitional and final provisions
Unofficial table of contents
Section 32
-
Unofficial table of contents
§ 33
-
Unofficial table of contents
Section 34 Transitional arrangements
(1) The establishment of a high-quality earth remote sensing system at the date of entry into force of this Act shall be deemed to have been approved until the decision on the application for authorisation has been indisputable, if that request has been submitted within three months from the entry into force of this law. (2) Paragraph 1 shall apply mutatily for the authorisation as a data provider. The obligations of the data provider in accordance with § 17 (1) and § 19 (1) apply until the entry into force of the legal regulation pursuant to section 17 (3) as fulfilled.
Unofficial table of contents
Section 35 Entry into force
(1) § 2 (2), § 17 (3) and 26 (2) to (4) shall enter into force on the day after the announcement. (2) This law shall in fact enter into force on 1 December 2007.