Counter-Terrorism File Act
| Basic data | |
|---|---|
| Title: | Law to establish a standardized central counter-terrorism database for police authorities and intelligence services of the federal and state levels |
| Short title: | Counter-Terrorism File Act |
| Abbreviation: | ATDG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Public law , intelligence law |
| References : | 12-11 |
| Issued on: | December 22, 2006 ( BGBl. 2006 I p. 3409 ) |
| Entry into force on: | December 23, 2006 |
| Last change by: |
Art. 22 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1330 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Legal text |
| Please note the note on the applicable legal version. | |
The Anti- Terrorism File Act ( ATDG ) regulates the establishment, management and use of a joint file by the police and intelligence services for the purpose of combating international terrorism with reference to the Federal Republic of Germany.
The law was passed and promulgated as Article 1 of the Common Files Act. The aim was to make the acquisition and exchange of personal data from the federal and state security authorities more effective and complement established forms of cooperation.
Authorities involved are the Federal Criminal Police Office (BKA), the federal police authority specified in the ordinance pursuant to Section 58 (1) of the Federal Police Act, the state criminal investigation offices , the federal and state constitutional protection authorities , the military counterintelligence service (MAD), the Federal Intelligence Service (BND) and the customs criminal office (ZKA), who keep a joint anti-terror database at the BKA in order to fulfill their respective tasks ( Section 1 (1) ATDG).
According to Section 5 (2) of the Common Files Act, the Anti-Terrorism Files Act should expire on December 31, 2017. In addition, the ATDG should be scientifically evaluated five years after it came into force.
In March 2013 the Federal Government submitted a report to the German Bundestag to evaluate the Anti-Terrorism Files Act. Section 5 (2) of the Common Files Act was then repealed by the law of December 18, 2014.
With the 2012 law, a separate right-wing extremism file was set up, which, however, unlike the anti-terror database, in particular the BND has no access to.
The ATDG restricts the fundamental rights of letter , post and telecommunications secrecy according to Article 10 and the inviolability of the home according to Article 13 of the Basic Law .
literature
- Wolf-Rüdiger Schenke , Kurt Graulich , Josef Ruthig : Federal Security Law - BPolG, BKAG, ATDG, BVerfSchG, BNDG, VereinsG . 2nd Edition. CH Beck, Munich 2019, ISBN 978-3-406-71602-7 , pp. 921-976 .
Individual evidence
- ↑ Law on the establishment of common files of police authorities and intelligence services of the federal and state governments (Common Files Law) of December 22, 2006, Federal Law Gazette I p. 3409
- ^ Draft of a law for the establishment of common files by police authorities and intelligence services of the federal and state governments (Common Files Law), printed paper 16/2950 of October 16, 2006, p. 12
- ^ Ordinance on the competence of the federal police authorities (BPolZV) of February 22, 2008, Federal Law Gazette I p. 250
- ^ Information from the Federal Government: Report on the evaluation of the anti-terror data law BT-Drs. 17/12665 (new) from March 7, 2013
- ↑ Law amending the Anti-Terrorism Files Act and other laws of December 18, 2014, Federal Law Gazette I p. 2318
- ↑ cf. Draft law to improve the fight against right-wing extremism BT-Drs. 17/8672 of February 13, 2012
