| Unauthorized
(Google)translation of section 1 of German Federal constitution protection law -
(BVerfSchG)
|
|
Law over the cooperation of the Federal Government and
the States in affairs of the protection of the
Constitution and over the Federal office for protection
of the Constitution (federal constitution protection law
- BVerfSchG) proclaims as articles 2 of the law for the
further development of the data processing and the
protection of data privacy of that 20. December 1990
(BGBl. I S. 2954), changed through § 38 paragraph 2
SicherheitsüberprüfungsG of that 20. April 1994 (BGBl.
I S. 867) |
First section
Cooperation, tasks of the protection of the Constitution
authorities
|
§ 1
Zusammenarbeitspflicht
|
(1) The
protection of the Constitution serves the protection of
the liberal democratic constitution, the existence and
the security of the Federal Government and the States.
(2) The Federal Government and the States are obligated,
to work together in affairs of the protection of the
Constitution.
(3) The cooperation exists also in mutual support and
aid. |
§ 2
Protection of the Constitution authorities |
(1) For the cooperation of the Federal Government with
the States the Federal Government maintains a Federal
office for protection of the Constitution as
Bundesoberbehörde. It is subordniate to the Federal
minister of the internal. The Federal office for
protection of the Constitution may not be incorporated a
police agency.
(2) For the cooperation of the States with the Federal
Government and the States mutually each country maintains
an authority for the processing of affairs of the
protection of the Constitution. |
§ 3
Gave up the protection of the Constitution authorities |
(1) If the protection of the Constitution authorities of
the Federal Government and the States gave up is the
collection and interpretation of information,
particularly from sach - and personal information, news
and documents, over |
1. |
Efforts, which are directed at the liberal democratic
constitution, the existence or the security of the
Federal Government or a country or have an illegal
impairment of the administration of the constitution
organs of the Federal Government or a country or their
members to the goal, |
2. |
sicherheitsgefährdende or geheimdienstliche activities
in the range of application of this law for a foreign
force, |
3. |
Efforts in the range of application of this law, which
endanger through application of power or on it directed
preparation acts foreign importance of the Federal
Republic of Germany. |
(2) The protection of the Constitution authorities of the
Federal Government and the States work with |
1. |
at the security examination of persons, them in the
public interest geheimhaltungsbedürftige facts, objects
or knowledge are entrusted, which should receive entrance
to it or can procure him/it themselves, |
2. |
at the security examination of persons, who be busy at
sicherheitsempfindlichen positions of lebens - or
verteidigungswichtigen arrangements or should become, |
3. |
at technical safety precautions to the protection of in
the public interest geheimhaltungsbedürftigen facts,
objects or knowledge against the perusal through
trespassers. |
The authorities of the Federal office for protection of
the Constitution at the assistance according to set 1 No.
1 are in the security examination law of the 20.April
1994 (BGBl. I S. 867) controlled.
(3) The protection of the Constitution authorities are
bound at the general right instructions (articles 20 of
the Constitutional Law). |
§ 4
Definitions |
(1) In the sense of this law are |
a) |
Efforts against the existence of the Federal Government
or a country such politically certained, ziel - and
zweckgerichteten behaviors in one or for a person union,
which is directed at it, to pick up the freedom of the
Federal Government or a country by foreign dominion, to
eliminate their state unit or to disconnect an area
belonging to him/it; |
b) |
Efforts against the security of the Federal Government or
a country such politically certained, ziel - and
zweckgerichteten behaviors in one or for a person union,
which is directed at it, which Federal Government, States
or their arrangements to hurt in their functional ability
considerable; |
c) |
Efforts against the liberal democratic constitution such
politically certained, ziel - and zweckgerichteten
behaviors in one or for a person union, which is directed
at it, to eliminate one it in paragraph 2 named
constitution principle or to set besides worth. |
For a person union deals, who him/it in his efforts
emphatically supports. Requirement for the collection and
interpretation of information in the sense the § 3
paragraph 1 is the existing of actual reference points.
Behaviors of individuals, who are not dealings in one or
for a person union, are efforts in the sense of this law,
if they are directed at application of power or because
of their operation suitable, to damage a protection asset
of this law considerable.
(2) Among the liberal democratic basic
order in the sense of this law are: |
a) |
the right of the people, the executive in choices and
adjustments and to exercise through special organ of the
legislation, the executing power and the jurisdiction and
the parliament in more generally, more directly, more
freely, to choose equal and secret choice, |
b) |
the linking of the legislation at the constitutional
order and the linking of the executing power and the
jurisdiction at law and right, |
c) |
the right to education and exercise of a parliamentary
opposition, |
d) |
the Ablösbarkeit of the government and their
responsibility facing the parliament, |
e) |
the independence of the courts, |
f) |
the exclusion of each power - and arbitrariness dominion
and |
g) |
the human rights concretised in the Basic Law. |
§ 5
Delimitation of the responsibilities of the protection of
the Constitution authorities |
(1) The state authorities for protection of the
Constitution collect information, information, news and
documents for the fulfillment of their tasks, werten
them/it/her from and transmit them/it/her the Federal
office for protection of the Constitution and the state
authorities for protection of the Constitution, as far as
it is necessary for their task fulfillment.
(2) The Federal office for protection of the Constitution
may collect in a country in the conduct with the state
authority for protection of the Constitution information,
information, news and documents in the sense the § 3. At
efforts and activities in the sense the § 3 paragraph 1
No. 1 to 3 is requirement, that |
1. |
them/it/her completely or partially against the Federal
Government conform, |
2. |
them/it/her over the range of a country out extend, |
3. |
them/it/her foreign importance of the Federal Republic of
Germany touch or |
4. |
a state authority for protection of the Constitution the
Federal office for protection of the Constitution around
a Tätigwerden requests. |
The conduct can be manufactured for a series of parallel
cases.
(3) The Federal office for protection of the Constitution
instructs the state authorities for protection of the
Constitution about all documents, their knowledge for the
country to the purpose of the protection of the
Constitution is necessary. |
§ 6
Mutual instruction of the protection of the Constitution
authorities |
The protection of the Constitution authorities are
obligated, to lead at the Federal office for protection
of the Constitution to the fulfillment the
Unterrichtungspflichten after § 5 common files, which
use them/it/her in the automated procedure. These files
contain only the data, which are necessary for the
discovering of acts and the to it necessary
identification of persons. The storage of personal data
is only under the requirements it §§ 10 and 11
permissible. The call in the automated procedure through
other positions is not permissible. The responsibility of
a storing position in the sense of the general
instructions of the protection of data privacy right
carries each protection of the Constitution authority
only for them from their entry; only she/it may change
these data, disable or delete. The entering position must
be detectable. The Federal office for protection of the
Constitution meets for the common files the technical and
organizational measures after § 9 of the Federal
Government data protection act. The leadership of text
files or files, which contain further as them in set 2
named data, is under the requirements of this paragraph
only permissible for narrowly limited application areas
for the enlightenment of sicherheitsgefährdenden or
geheimdienstlichen activities for a foreign force or by
efforts, which are directed at it, to utilize power or to
prepare use of force. The access right is to be limited
to persons, which are entrusted directly with works in
this application area; in the file layout (§ 14) is to
be found the Erforderlichkeit of the photograph of text
additions in the file. |
§ 7
Direction right the Federal Government |
The federal government can, if an attack results on the
constitutional order of the Federal Government, the most
upper state authorities the directions necessary for the
cooperation of the States with the Federal Government in
the area of the protection of the Constitution give. |