Right-Wing File Law

from Wikipedia, the free encyclopedia
Basic data
Title: Law to establish a standardized central file for police authorities and intelligence services of the federal and state governments to combat violence-related right-wing extremism
Short title: Right-Wing File Law
Abbreviation: RED-G
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Public law , state security
References : 12-13
Issued on: August 20, 2012
( BGBl. 2012 I p. 1798 )
Entry into force on: August 31, 2012
Last change by: Art. 23 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 Right-Wing Extremism File Act ( RED-G ) regulates the establishment, management and use of a joint file by the police and intelligence services for the purpose of combating violence-related right-wing extremism in the Federal Republic of Germany .

The law was passed and promulgated as Article 1 of the Act to Improve the Fight against Right-Wing Extremism of August 20, 2012.

In the legislative process, an extension of the anti-terrorist database, which had existed since 2006, to include right-wing extremism was examined, but was rejected. In contrast to international terrorism , the Federal Intelligence Service has no legal mandate for violent right-wing extremism in Germany and should therefore not have access to the file. In addition, the existing computer hardware could not be used by a wider group of people, since it was designed for international terrorism and is fully utilized. With the RED-G, the legal basis for the establishment of a separate right-wing extremism file and its use by the police and intelligence services was created.

content

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 police authorities , the constitutional protection authorities of the federal and state governments, and the Military Counter-Intelligence Service (MAD), which are assigned to the BKA to fulfill their respective tasks keep a common file with personal data ( § 1 Abs. 1 RED-G).

In April 2016, the Federal Government informed the German Bundestag about the scientific evaluation of the application of the RED-G specified in Art. 3 of the Act to Improve the Fight against Right-Wing Extremism.

The RED-G 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 .

Right-wing extremism file

In addition to the existing regulations for data collection and transmission by individual security authorities as well as regulations for network files such as INPOL , the RED-G permanently permits joint files to combat right-wing extremism, in which both police authorities and intelligence services are involved.

Data that is already available from individual authorities, such as data obtained in the context of telecommunications surveillance in accordance with Section 100a of the Code of Criminal Procedure or the Article 10 Act , is merged in the right-wing extremism file and can be used by all authorities involved in an automated retrieval process. For this purpose, the authorities involved are obliged to save certain data on the relevant persons and objects in the file.

term

Right-wing extremism is the generic term for certain anti-constitutional endeavors that are directed against the fundamental equality of people as specified in the Basic Law and that reject the universal validity of human rights . Right-wing extremists are enemies of the democratic constitutional state, they have an authoritarian understanding of the state, which can be developed up to the demand for a state based on the leader principle . The right-wing extremist worldview is characterized by an overestimation of ethnic affiliation, which results in xenophobia and especially anti-Semitism . The prevailing view is that belonging to an ethnic group, nation or “race” determines the value of a person. Individual rights and the representation of social interests are stepping back in favor of collectivist “national community” constructs.

Data to be saved

In accordance with § 3 RED-G saved:

  1. Basic data such as personal details and photographs to identify a specific person or a specific object
  2. Extended basic data, which in their entirety enable a risk assessment such as telecommunication connections, bank details, special knowledge and skills in the production or handling of explosives or weapons, driving licenses and aviation licenses as well as vehicles used, current arrest warrants with a right-wing extremist background, current and previous memberships and functions ( Functionary, member or supporter) in right-wing extremist associations, organizations and networks, contact persons for the respective persons and
  3. the information on the authority that has the knowledge, as well as the associated file number and, if available, the respective classification as classified information.

In an administrative regulation dated July 3, 2015, the BKA defined more criteria and categories for special skills, current or previous activities and places visited by the person concerned in accordance with Section 3 (4) RED-G.

Extended data usage

Extended use according to Section 7 (5) RED-G is the creation of connections between people, groups of people, institutions, objects and things, the exclusion of insignificant information and findings, the assignment of incoming information to known facts and the statistical evaluation of the stored data. It may only be carried out with the consent of the G10 Commission .

In particular, in the follow-up to the “Ceska” murders and the murders of the “ Zwickau Trio ”, there was not a deficit in obtaining information, but in the flow of information and the evaluation of information by the individual federal and state security authorities. The findings that the BKA, an LKA or other police authorities involved receive from an extended use of data may be transmitted to the public prosecutor's office conducting the criminal investigation, if these authorities have acted on their request or on their behalf. This can use the transmitted data for purposes of criminal proceedings.

The data protection control is incumbent on the Federal Commissioner for Data Protection and Freedom of Information together with the State Commissioner for Data Protection.

Decision of the Federal Constitutional Court

To the extent that regulations in the RED-G corresponded to those of the Anti- Terrorism File Act (ATDG), the judgment of the Federal Constitutional Court of April 24, 2013 on the constitutionality of the anti-terrorist database also resulted in a need for changes in the RED-G. The requirements of the Federal Constitutional Court were implemented by the Bundestag in the law of December 18, 2014 as of January 1, 2015 in both the ATDG and the RED-G.

literature

Web links

Individual evidence

  1. ↑ Federal Law Gazette I p. 1798
  2. ^ Draft law to improve the fight against right-wing extremism BT-Drs. 17/8672 of February 13, 2012
  3. ^ Ordinance on the competence of the federal police authorities (BPolZV) of February 22, 2008, Federal Law Gazette I p. 250
  4. ^ Information from the Federal Government: Evaluation of the Right-Wing Extremism File Act BT-Drs. 18/8060 of April 7, 2016
  5. ↑ Stefan Krempl: Around 12,000 people saved in neo-Nazi files heise.online, April 19, 2016
  6. ↑ Jan Ziekow , Dieter Katz, Axel Piesker, Hanna Willwacher: The right-wing extremism file in police and intelligence practice. Results of the evaluation according to Article 3 Paragraph 2 of the Act to Improve the Fight against Right-Wing Extremism Nomos-Verlag, 1st edition 2017, ISBN 978-3-8487-3517-4
  7. ^ Draft law to improve the fight against right-wing extremism BT-Drs. 17/8672 of February 13, 2012, p. 10
  8. ↑ Administrative regulation according to § 3 paragraph 4 of the Right-Wing Extremism File Act (RED-G-Verwaltungsvorschrift - RED-G-VwV) , BAnz AT 07/24/2015 B8
  9. ^ Fight against right-wing extremism: the federal and state governments agree on a central neo-Nazi file, Der Spiegel , November 18, 2011
  10. ^ Draft law to improve the fight against right-wing extremism BT-Drs. 17/8672 of February 13, 2012, p. 19
  11. ↑ BVerfG, judgment of April 24, 2013 - 1 BvR 1215/07
  12. ↑ cf. on the effects of the BVerfG ruling on ATDG and RED-G: Information from the Federal Government: Evaluation of the Right-Wing Extremism File Act BT-Drs. 18/8060 of April 7, 2016, p. 135 ff.
  13. ^ Draft of a law amending the Anti-Terrorism Files Act and other laws BT-Drs. 18/1565 of May 28, 2014
  14. ↑ Law amending the Anti-Terrorism Files Act and other laws of December 18, 2014, Federal Law Gazette I p. 2318