Law to amend the Telecommunications Act and to reorganize inventory data information

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Basic data
Title: Law to amend the Telecommunications Act and to reorganize inventory data information
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law
Issued on: June 20, 2013
( BGBl. I p. 1602 )
Entry into force on: July, 1st 2013
Please note the note on the applicable legal version.

The law to amend the Telecommunications Act and to reorganize inventory data information is a German article law . It implements the material requirements of the Federal Constitutional Court on inventory data information, which it formulated in its decision of January 24, 2012 on Section 113 of the Telecommunications Act . For the collection of the data, in addition to the provision of Section 113 (1) sentence 1 TKG in the version applicable up to that point, a qualified legal basis is required for the authority seeking information.

The law obliges service providers to set up an electronic interface for the provision of inventory data , as it already exists for traffic data .

content

In order to create specific collection powers in the respective specialist laws, § 113 TKG, §§ 7, 20b, 20w and 22 of the Federal Criminal Police Act , §§ 33 and 70 of the Federal Police Act (BPolG), §§ 8c and 8d of the Federal Constitutional Protection Act , §§ 7, 15, 23g and 27 of the Customs Investigation Service Act (ZFdG) changed. Furthermore, Section 100j of the Code of Criminal Procedure (StPO), Section 22a BPOlG, Section 41a ZFdG, Section 2b of the Federal Intelligence Service Act and Section 4b of the MAD Act have been added and Section 23f ZFdG has been deleted.

Since the legislative competence according to Articles 30 and 70 of the Basic Law rests with the federal states in the area of hazard prevention , the adaptation of the state police laws was left to the state legislators. One example is Section 180a of the General Administrative Act for the State of Schleswig-Holstein (LVwG).

Current development

As of 2018, 107 authorized authorities in Germany are allowed to use the automated information procedure (AAV) according to Section 112 of the Telecommunications Act . The Federal Network Agency had to process around 12 million inventory data queries for 2018.

The AAV protocol, including search options and security requirements, are regulated in a technical guideline issued by the Federal Network Agency.

Constitutional complaints have been pending at the Federal Constitutional Court since 2013 against the law amending the Telecommunications Act and the new regulation of inventory data information as well as against Section 180a LVwG.

In a decision of May 27, 2020 (published on July 17, 2020), the Federal Constitutional Court declared Section 113 of the Telecommunications Act (TKG) and several federal laws that regulate manual inventory data information to be unconstitutional .

Web links

Individual evidence

  1. ↑ BVerfG, decision of January 24, 2012 - 1 BvR 1299/05
  2. ^ Draft law of the federal government of a law to amend the Telecommunications Act and to reorganize the inventory data information BT-Drs. 17/12034 of January 9, 2013, p. 2
  3. ↑ Kurt Graulich : Federal Security Law - Law of Intelligence Services in Germany 2. c) cc) Further requests for information according to § 4 BNDG in conjunction with § 8d BVerfSchG (inventory data information) , Humboldt University Berlin , 2017
  4. ↑ § 180 a inventory data information portal of the state government of Schleswig-Holstein, accessed on August 10, 2018
  5. ↑ Detlef Borchers: Please pay! 12,750,000 data records easily accessed. In: heise.de. June 5, 2018, accessed June 6, 2018 .
  6. ↑ Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways: Technical Guideline (TR) for the automated information procedure (AAV) according to § 112 Telecommunications Act TR-AAV Edition 1.0, December 13, 2017
  7. ↑ BVerfG, Az. 1 BvR 1873/13, 1 BvR 2618/13 ; 1 BvR 1732114
  8. ↑ bestandsdatenauskunft.de ( Memento of the original from August 9, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. - Home page with news from May 29, 2017 (accessed June 6, 2018). @1@ 2Template: Webachiv / IABot / bestandsdatenauskunft.de
  9. ↑ Press release No. 61/2020 of July 17, 2020 Resolution of May 27, 2020 - 1 BvR 1873/13, 1 BvR 2618/13 (inventory data information II)