G 10 commission

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The G 10 Commission decides ex officio, as an independent body that is not bound by any instructions , on the necessity and permissibility of all restrictive measures (G 10 measures) in the area of letters carried out by the federal intelligence services ( Federal Intelligence Service , Federal Office for the Protection of the Constitution , Military Counter-Intelligence Service ) - , postal and telecommunications secrecy according to Article 10 of the Basic Law (GG). It is essentially regulated in Section 15 of the Article 10 Act (G 10).

Duties, powers and criticism

The task of the G 10 Commission is to monitor G 10 measures. The authority of the G 10 Commission to control the entire collection, processing and use of personal data obtained in accordance with the Article 10 Act by the federal intelligence services, including the decision on notifying data subjects.

The G 10 Commission is an organ that takes the place of legal recourse . However, it is not a court , but usually consists of (mostly former) politicians and acts within the functional area of ​​the executive , although it is not incorporated into it. It exercises legal control, but can also make considerations of opportunity . It is a control body of its own kind outside the judiciary , which serves as a substitute for judicial protection . The G 10 commission does not exercise any parliamentary control function ; In the scope of the G 10, political control is incumbent on the parliamentary control body . The G10 Commission, on the other hand, acts in the functional area of ​​the executive by deciding on the admissibility and necessity of specific restriction measures. Critics see this violates fundamental principles of the rule of law and the separation of powers . Even the G10 commission itself has already sued the federal government for withholding relevant information.

The deliberations of the G 10 commission are secret according to § 15 Abs. 2 G 10 . According to Section 15 (3) G 10, your employees are made available who have the appropriate technical expertise. In order to fulfill their tasks, the members and employees of the G 10 Commission can request information on their questions in accordance with Section 15 (5) sentence 3 G 10, inspect all documents and stored data that are related to the restriction measure, and themselves Provide access to all service rooms at any time. The G 10 Commission can also give the Federal Commissioner for Data Protection the opportunity to comment on data protection issues.

According to Section 15 (7) of the G 10, the responsible Federal Ministry of the Interior, Building and Home Affairs informs the G 10 Commission on a monthly basis about notifications from federal authorities to those affected under Section 12 (1) and (2) of the G 10 or about the reasons that stand in the way of notification . If the G10 Commission itself considers notification that has not yet been given to be necessary, this must be carried out immediately . Section 12 (3) sentence 2 G 10 remains unaffected insofar as the conduct of a state authority is required.

The Commission adopts its rules of procedure .

Members

Surname On the proposal of the party Member of the Bundestag function
Andreas Schmidt
CDU
former Chairman
Bertold Huber
B90 / greens
No Deputy Chairman
Rainer Funke
FDP
former Full member
Hans-Joachim Hacker
SPD
former Full member
Christian Flisek
SPD
former Deputy
Ulrich Maurer
The left
former Deputy
Johannes Singhammer
CSU
former Deputy
Hansjörg Huber
AfD
No Deputy

According to Section 15 (1) of the G10 , the G 10 Commission is composed of the chairman, who must be qualified to hold judicial office , and three assessors and four deputy members who can take part in the meetings with the right to speak and ask questions. The members do not have to be members of the Bundestag.

The members of the G 10 commission are appointed by the parliamentary control committee of the Bundestag for the duration of the Bundestag electoral period after hearing the Federal Government in accordance with Section 15 G 10 . Their term of office does not end until the new G 10 commission is appointed, at the latest three months after the end of the electoral term.

The G 10 commission for the 19th parliamentary term was constituted on January 23, 2018.

18th electoral term of the Bundestag

For the 18th electoral term of the German Bundestag (2013-2017) the following were appointed as members and representatives in January 2014: Chairman Andreas Schmidt (born 1956, CDU member of the Bundestag until 2013), Deputy Chairman Bertold Huber, Frank Hofmann (born 1949, SPD member of the Bundestag until 2013) and Ulrich Maurer. These were represented (in the above order) by Wolfgang Wieland (Greens), Burkhard Lischka (SPD), Wolfgang Götzer (born 1955, CSU member of the Bundestag) and Halina Wawzyniak (born 1973, DIE LINKE member of the Bundestag).

17th electoral term of the Bundestag

The four members and their representatives for the 17th electoral term of the German Bundestag (2009-2013) were Hans de With (born 1932, SPD member until 1994) and Erwin Marschewski (born 1940, CDU member of the Bundestag ) as deputy chairman until 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). It was also a member Ulrich Maurer (born 1948, DIE LINKE parliamentary deputy), his representative was Bertold Huber (born 1948, Chief Judge of the Administrative Court of Frankfurt am Main). The representative of member de With was Volker Neumann (born 1942, SPD member of the Bundestag until 2005). Erwin Marschewski was represented by Rudolf Kraus (1941–2018, CSU member of the Bundestag until 2005).

16th parliamentary term of the Bundestag

The four members and their representatives for the 16th electoral term of the German Bundestag (2005–2009) were Hans de With (representative: Volker Neumann) as chairman and Erwin Marschewski (representative: Rudolf Kraus) as deputy chairman. Ordinary members were Max Stadler (born 1949, FDP member of the Bundestag, represented by Rainer Funke) and Ulrich Maurer (represented by Berthold Huber).

Reports

The German Bundestag is regularly informed about the decisions of the G 10 Commission by means of a report, which is also made available to the public as a Bundestag printed matter. The work of the G 10 Commission is also accounted for in the annual report of the Parliamentary Control Committee, which it must report on a recurring basis in accordance with Section 14 (1) Sentence 2 of the G 10.

2016

On December 5, 2017, the Parliamentary Control Committee published its report on measures to restrict the secrecy of letters, mail and telecommunications for the 2016 calendar year. The G 10 Commission met at least once a month as prescribed in Section 15 (4) Clause 1 G 10. In doing so, it decided on the admissibility of restriction measures in accordance with its task, which specifically led to the following results:

  • Restrictions according to § 3: 118 restriction measures were approved in the first half of the year and 143 restriction measures in the second half of the year. In the first half of the year there were 386 main victims and in the second half of the year 431 main victims. At 317, the number of people affected was the same in both parts of the year. A total of 1,767 telephone lines were monitored in the first half of the year and 1,980 telephone lines in the second half of the year.
  • Notification to those affected in accordance with § 12: 94 notification decisions were made on 519 persons or institutions who left the surveillance. In 139 cases it was decided to inform those affected. For the time being, the notification requirements for 347 people or institutions were denied.
  • In all 13 complaints received from people who believed that they were or were actually affected by surveillance measures, it was found that no rights under Article 10 of the Basic Law had been violated.
  • Approval of measures in the area of ​​strategic restrictions: In the areas of "International Terrorism", "Proliferation and Conventional Armaments" and "Cybercrime", strategic restrictions were ordered. In the area of ​​“international terrorism”, the G 10 commission approved 858 search terms in the first half of the year and 1,449 search terms in the second half of the year. As a result, 34 incidents classified as relevant to the intelligence service were recorded. In the area of ​​“Proliferation and Conventional Armaments”, the G 10 Commission approved 179 search terms in the first half of the year and 200 in the second half. 19 incidents in this area were classified as being of intelligence value. In the area of ​​“cyber crime”, the G 10 commission approved 1,144 search terms in both parts of the year.

G 10 committee

After the G 10 law came into force in 1968, the G 10 commission was appointed by the so-called " G 10 committee" , which consisted of five members appointed by the Bundestag. The Federal Minister of the Interior informed the committee about the implementation of the G 10 Act at intervals of no more than six months (Section 9 (1) of the G 10 as amended on August 15, 1968). The G 10 body was later merged into the Parliamentary Control Committee.

State level

In the countries there are committees that carry out similar tasks:

  • Baden-Württemberg: G 10 Commission
  • Bavaria: G 10 Commission
  • Berlin: G 10 Commission
  • Brandenburg: G10 Commission
  • Bremen: G 10 Commission
  • Hamburg: G10 Commission
  • Hessen: G 10 Commission
  • Mecklenburg-Western Pomerania: G 10 Commission
  • Lower Saxony: G 10 Commission
  • North Rhine-Westphalia: G 10 Commission
  • Rhineland-Palatinate: G 10 Commission
  • Saarland: G 10 Commission
  • Saxony: G-10 Commission
  • Saxony-Anhalt: G 10 Commission
  • Schleswig-Holstein: G 10 Commission
  • Thuringia: G-10 Commission

See also

literature

  • Wolf-Rüdiger Schenke , Kurt Graulich , Josef Ruthig : Federal security law . 1st edition. Verlag CHBeck , Munich 2014, ISBN 978-3-406-64878-6 , p. 1349-1462 .
  • Josef Foschepoth : Monitored Germany. Post and telephone surveillance in the old Federal Republic . 4th, through Edition. Vandenhoeck & Ruprecht , Göttingen 2013, ISBN 978-3-525-30041-1 ( google.de ).
  • Dirk Lageveen: Telecommunication surveillance on the Internet: IP addresses in the strategic registration according to Article 10 of the law [sic]. 1st edition, Diplomica (April 2011).
  • Volker Neumann: The parliamentary control of the intelligence services in Germany. In: Nikolas Dörr / Till Zimmermann: The intelligence services of the Federal Republic of Germany. Berlin 2007, pp. 13–34.
  • Reinhard Riegel : Law on the restriction of the secrecy of letters, post and telecommunications (law on Article 10 of the Basic Law) (G 10) with implementation regulations of the federal states. Comment. CH Beck, Munich 1997.
  • Reinhard Riegel: The quantum leap of the law to Article 10 GG (G 10). In: Journal for Legal Policy (ZRP) 1995, p. 176 ff.

Web links

Individual evidence

  1. Press release No. 72/2016 BVerfG
  2. The supervision of secret services - a democratic litmus test - digital society. Retrieved on August 27, 2020 (German).
  3. The value of our freedom. Retrieved August 27, 2020 .
  4. Markus Beckedahl: Good luck: G10 commission wants to sue the government. In: netzpolitik.org. July 29, 2015, accessed on August 27, 2020 (German).
  5. Annelie Kaufmann: The secret service controllers have had enough. In: ZEIT online. Retrieved August 27, 2020 .
  6. ^ Members of the G 10 Commission, 18th electoral term . In: https://www.bundestag.de/ . Bundestag, accessed on January 5, 2019 .
  7. ^ Members of the G 10 Commission, 17th electoral term . In: https://www.bundestag.de/ . Bundestag, accessed on January 5, 2019 .
  8. ^ Members of the G 10 Commission, 16th electoral term . In: https://www.bundestag.de/ . Bundestag, accessed on January 5, 2019 .
  9. Bundestag printed paper 19/163 - Information by the Parliamentary Control Committee - Report in accordance with Section 14, Paragraph 1, Clause 2 of the Law on Limiting the Secrecy of Correspondence, Post and Telecommunications (Article 10 Law - G 10) on the implementation as well as the type and scope of the measures §§ 3, 5, 7a and 8 G 10. In: http://dip21.bundestag.de/ . German Bundestag, December 5, 2017, accessed on January 5, 2019 .
  10. Helmut R. Hammerich : "Always on the enemy!" - The Military Counter-Intelligence Service (MAD) 1956–1990 . 1st edition. Vandenhoeck & Ruprecht , Göttingen 2019, ISBN 978-3-525-36392-8 , pp. 94 .
  11. Control of the Office for the Protection of the Constitution. State Office for the Protection of the Constitution of Baden-Württemberg , accessed on May 10, 2020 .
  12. ^ G 10 Commission. Bavarian State Parliament , accessed on May 10, 2020 .
  13. Act implementing the Article 10 Act. In: Berlin regulation information system. Retrieved May 10, 2020 .
  14. ^ G10 Commission (G10). Landtag Brandenburg , accessed on May 10, 2020 .
  15. Act implementing the law on the restriction of the secrecy of letters, post and telecommunications. Retrieved May 10, 2020 .
  16. Hamburg law for the implementation of Article 10 law (HmbG10AusfG). In: Justice online. Retrieved May 10, 2020 . ; Commission according to Art. 10 GG. Hamburg Citizenship , accessed on May 10, 2020 .
  17. ^ G 10 Commission. Hessian State Parliament , accessed on May 10, 2020 .
  18. ^ G 10 Commission. Mecklenburg-Western Pomerania State Parliament , accessed on May 10, 2020 .
  19. § 3 Lower Saxony Law for the Implementation of the Article 10 Law (Nds. AG G 10). In: Lower Saxony Regulations Information System (NI-VORIS). Retrieved May 10, 2020 .
  20. § 30 Law on the Protection of the Constitution in North Rhine-Westphalia. In: Justice portal North Rhine-Westphalia. Retrieved May 10, 2020 .
  21. Commission under Article 10 of the Basic Law. State Parliament of Rhineland-Palatinate , accessed on May 10, 2020 .
  22. Act implementing the Article 10 Act (G 10 Implementation Act). Ministry of Justice , accessed May 10, 2020 .
  23. ^ G-10 Commission. Saxon State Parliament , accessed on May 10, 2020 .
  24. § 5 Law for the implementation of the Article 10 law (AG G 10-LSA). In: Justiz-Online. Retrieved May 10, 2020 .
  25. § 26a Law on the Protection of the Constitution in the State of Schleswig-Holstein (State Protection of the Constitution Act - LVerfSchG -). State government of Schleswig-Holstein , accessed on May 10, 2020 .
  26. ^ G-10 Commission. In: Thuringian Parliament . Retrieved May 10, 2020 .