Requirements and Procedure of Federal Security Examinations

(Security Examination Law - SÜG)

From that 20. April 1994, (BGBl. I S. 867)

The Bundestag has concluded the following law:

Synopsis

First section generals instructions

§ 1 purpose and application area of the law
§ of 2 persons affected category of persons
§ 3 responsibility
§ 4 classified information
§ 5 security risks, sicherheitserhebliche knowledge
§ 6 rights of the person affected

Second section examination kinds and implementation measures

§ 7 kinds of the security examination
§ 8 simples security examination
§ 9 Expanded security examination
§ 10 Expanded security examination with Sicherheitsermittlungen
§ 11 data elevation
§ 12 measures at the individual examination kinds

Third section procedures

§ 13 Sicherheitserklärung
§ 14 conclusion of the security examination
§ 15 preliminaries assignment a sicherheitsempfindlichen activity
§ 16 Sicherheitserhebliche knowledge after conclusion of the security examination
§ 17 complement the Sicherheitserklärung and repetition examination

Fourth section acts over the security examination; data processing

§ 18 security act and security examination act
§ 19 storage and destruction of the documents
§ 20 storage, changing and using of personal data in files
§ 21 transmission and purpose linking
§ 22 correcting, deletions and locks of personal data
§ 23 information on stored personal data

Fifth section special provisions at security examinations for not - public positions

§ 24 application area
§ 25 responsibility
§ 26 Sicherheitserklärung
§ 27 conclusion of the security examination, transmission sicherheitserheblicher knowledge
§ 28 update the Sicherheitserklärung
§ 29 transmission of information about personal and workplace-related relationships
§ 30 security act it not - public position
§ 31 data processing, -nutzung and -berichtigung in automated files

Sixth section journey limits, security examinations for proposition of foreign agencies and conclusion instructions

§ 32 journey limits
§ 33 security examination for proposition of foreign agencies
§ 34 authorization for the regulation
§ 35 generals management instructions
§ 36 application of the league data protection act, federal constitution protection law, Mad - law and Bnd - law
§ 37 Strafvorschriften
§ 38 altering of laws
§ 39 taking effect

First section generals instructions

§ 1 purpose and application area of the law

(1) This law controls the requirements and the procedure for the examination of a person, who should be entrusted by the responsible position with a sicherheitsempfindlichen activity (security examination) or already has been entrusted (repetition examination).

(2) A sicherheitsempfindliche activity exercises, who

1. entrance to classified information has or can procure him/it itself, which TOP-SECRET, SECRETLY or Vs - CONFIDENTIALLY are classified,

2. Entrance to classified information überstaatlicher arrangements and positions has or can procure him/it itself, if the Federal Republic of Germany is obligated, to admit only sicherheitsüberprüfte persons to this,

3. in an authority or an other public position of the league or in a part of you is active, which has been explained by virtue of the extent and the meaning of there occurring classified information by the respectively responsible most upper federal authority in the agreement with the Federal Ministry of the internal as nationals security authority to the security range.

(3) obligating itself positions of the Federal Republic of Germany facing positions of other states through agreements, at persons, who have entrance to classified information of foreign states or can procure themselves, to accomplish before security examinations after German right, is to be determined in these agreements, which are comparable Verschlusssachengrade of the party to the contract Verschlusssachengraden after this law. Such establishments must keep in the border of the appraisals of this law and correspond to Particularly the scales the § 4.

§ of 2 persons affected category of persons

(1) A person, who should be entrusted with a sicherheitsempfindlichen activity (persons affected), is to be subjected previously a security examination. The security examination needs the consent of the person affected, as far as legal nothing is certain other. A sicherheitsempfindliche activity may first after completion the 16. Year will transfer. With a security examination after this law it can be dispensed, if for the person affected already one immediately - or higher quality security examination has been accomplished.

(2) The full age spouse or partner, with whom the person affected in eheähnlicher lives community (Lebenspartner), should be included in the security examination after it §§ 9 and 10. On exceptions the responsible position decides. In the trap of the inclusion is the consent of the spouse or Lebenspartners necessary. If the person affected enters the marriage or the eheähnliche community during or first after resulted security examination, so is to be instructed the responsible steep, to displace them/it/her in the position, to make up for the inclusion of the spouse or the Lebenspartners in the security examination. That equal counts at late entering full age of the spouse or Lebenspartners.

(3) This law does not count for

1. the members of the constitution organs of the league,

2. Judges, as far as they perceive tasks of the jurisdiction,

3. foreign citizens, who should exercise in the Federal Republic of Germany in the interest of international arrangements and positions a sicherheitsempfindliche activity after § 1 paragraph 2 No. 2.

§ 3 responsibility

(1) Responsible for the security examination is

1. the authority or other public position of the league, which allocate a person a sicherheitsempfindliche activity, transfer or wants to authorize them/it/her to it,

2. at German citizens on the occasion of their activity in the sicherheitsempfindlichen range at the NATO or other international arrangements and positions the Federal Ministry of the internal as nationals security authority, as far as nothing is certain other,

3. at political parties according to articles 21 of the Constitutional Law as well as their foundations the parties themselves,

4. in the remaining the authority or other public position of the league, which wants to transmit a classified information at one not - public position.

In the cases of the numbers 1 and 4 authorities and other public positions of the league of their most upper federal authority can take over at nachgeordneten tasks of the responsible position. The tasks of the responsible position after this law are to be perceived from an organizational unit separate by the Personalverwaltung.

(2) performers authority at the security examination is the Federal office for protection of the Constitution after § 3 paragraph 2 No. 1 of the federal constitution protection law and in the company division of the Federal Ministry of the defense the military counterintelligence after § 1 paragraph 3 No. 1 letter a of the Mad - law, as far as is not in right instructions of international arrangements or in international law contracts, which the legislative bodies have agreed with according to articles 59 paragraph 2 of the Constitutional Law, something other certain.

(3) The German Intelligence service, the Federal office for protection of the Constitution and the military counterintelligence accomplish security examinations at applicants and staff members of the own service alone. You/They utilize herewith the instructions of this law. Equal counts, if the German Intelligence service or the military counterintelligence a sicherheitsempfindliche activity after paragraph allocate 1 No. 1 and 4, tower over or wants to authorize to it.

§ 4 classified information

(1) classified information are in the public interest geheimhaltungsbedürftige facts, objects or knowledge, independently from their representation form. You/They are classified according to their protection neediness by an official position or on their occasion.

(2) A classified information is

1. TOP-SECRET, if the perusal through trespassers can endanger the existence or vital interests of the Federal Republic of Germany or an of their countries,

2. SECRETLY, if the perusal through trespassers endanger the security of the Federal Republic of Germany or an of their countries or can add their interests heavy damage,

3. Vs - CONFIDENTIALLY, if the perusal can be through trespassers for the interests of the Federal Republic of Germany or an of their countries injurious,

4. Vs - ONLY FOR THE OFFICIAL USE, if the perusal can be through trespassers for the interests of the Federal Republic of Germany or an of their countries detrimental.

§ 5 security risks, sicherheitserhebliche knowledge

(1) In the sense of this law exists a security risk, if actual reference points

1. Doubts at the reliability of the person affected at the perception a sicherheitsempfindlichen activity found or

2. a special threat through opening - and advertising attempts of foreign news services, particularly the concern the Erpressbarkeit, found or

3. doubts at the confession of the person affected to the liberal democratic constitution in the sense of the Constitutional Law or at the jederzeitigen entering for their conservation found.

A security risk can exist also by virtue of actual reference points to the person of the spouse or Lebenspartners.

(2) A knowledge is sicherheitserheblich, if from her a reference point emerges for a security risk.

§ 6 rights of the person affected

(1) Before denial of the permission to a sicherheitsempfindlichen activity is to be given the person affected chance, to comment personally on the facts considerable for the decision. The person affected can appear for the hearing with an attorney. The hearing results in a way, which assures the source protection and the worthy of protection interests of persons, who were questioned in the border of a security examination, accommodates. She/it remains undone, if she/it would have a considerable disadvantage for the security of the league or a country to the sequence, particularly at security examinations of the applicants at the news services of the league.

(2) lying in the person of the spouse or Lebenspartners reference points before, which found a security risk, is to be given him/it chance, to comment before the denial of the permission of the person affected on a sicherheitsempfindlichen activity personally on the facts considerable for the decision. Paragraph 1 set 2 to 4 counts accordingly.

(3) The paragraphs 1 and 2 are to be utilized also in the trap of the denial a Weiterbeschäftigung in a sicherheitsempfindlichen activity.

Second section examination kinds and implementation measures

§ 7 kinds of the security examination

(1) Accordingly the anticipated sicherheitsempfindlichen activity becomes either one

1. simple security examination or

2. expanded security examination or

3. expanded security examination with Sicherheitsermittlungen

accomplished.

(2) yielding itself at the security examination sicherheitserhebliche knowledge, which can be clarified only through measures of the one higher kind of the security examination, can order the responsible position with consent of the person affected and the included person the one higher kind of the security examination. § 12 paragraph 5 remains untouched.

§ 8 simples security examination

(1) The simple security examination is to be accomplished for persons, them

1. entrance to Vs - CONFIDENTIALLY classified classified information should receive or can procure him/it themselves,

2. Activities in ranges after § 1 paragraph 2 No. 3 should perceive.

(2) In the cases of paragraph 1 No. 2 can foresee the responsible position of the security examination, if kind or duration of the activity admit this.

§ 9 Expanded security examination

An expanded security examination is to be accomplished for persons, them

1. entrance to SECRETLY classified classified information should receive or can procure him/it themselves,

2. Entrance to a high amount Vs - CONFIDENTIALLY classified classified information should receive or can procure him/it themselves,

as far as the responsible position does not hold in the individual case according to type and duration of the activity a security examination after § 8 for sufficient.

§ 10 Expanded security examination with Sicherheitsermittlungen

An expanded security examination with Sicherheitsermittlungen is to be accomplished for persons,

1. the entrance to TOP-SECRET classified classified information should receive or can procure him/it themselves,

2. the entrance to a high amount SECRETLY classified classified information should receive or can procure him/it themselves,

3. them at a news service of the league or an authority or other public position of the league active should become, which perceives after settlement of the federal government according to § 34 tasks of comparable Sicherheitsempfindlichkeit,

as far as the responsible position does not hold in the individual case according to type and duration of the activity a security examination after §§ 8 or 9 for sufficient.

§ 11 data elevation

(1) The responsible position and the cooperating authority may raise the data necessary for the fulfillment of their tasks after this law. The person affected as well as the other to question persons and closed positions are on the purpose of the elevation, which serve Auskunftspflichten after this law and on one -, workplace-related or other contractual Mitwirkungspflicht, to point otherwise to the voluntariness of their statements. At security examinations it in § 3 paragraph 3 set 1 named persons can not remain undone the statement of the raising position facing the other to question persons or - public positions, if this is necessary to the protection of the person affected or the news service.

(2) The responsible position raises the personal data at the person affected or at the spouse or Lebenspartner included in the security examination. If this elevation does not suffice or oppose her worthy of protection interests of the person affected or his spouse or Lebenspartners, can be questioned other suitable persons or positions.

§ 12 measures at the individual examination kinds

(1) At the security examination after § 8 meets the cooperating authority following measures:

1. sicherheitsmässige appraisal of the statements in the Sicherheitserklärung under consideration of the knowledge of the protection of the Constitution authorities of the league and the countries,

2. Obtaining of an unrestricted information from the league central register,

3. inquiries at the Federal office of Criminal Investigation, the border guard direction and the news services of the league.

(2) At the security examination after § 9 meets the cooperating authority in addition to paragraph 1 following measures:

1. inquiries at the police stations of the held residences of the person affected, as a rule limits to the last five years,

2. Test of the identity of the person affected.

If the spouse or Lebenspartner of the person affected in the security examination according to § is included 2 paragraph 2, meets the cooperating authority in reference to the person to be included them in the paragraphs 1 and 2 named measures.

(3) At the security examination after § 10 questions the cooperating authority in addition by the person affected in his Sicherheitserklärung indicated reference persons and further suitable Auskunftspersonen, to check, whether the statements of the person affected are correct and whether actual reference points exist, which leave close on a security risk.

(4) The responsible position inquires for the settlement of a full-time or unofficial activity of the person affected or the included person for the state security service of the former German democratics republic at the league commissioner for the documents of the state security service of the former German democratics republic, if the person affected or the included person was born before the 1. January 1970 and in the area of the former German democratics republic was resident or exist reference points for an activity for the state security service of the former German democratics republic. If the inquiry yields sicherheitserhebliche knowledge, transmits them/it/her the responsible position for the appraisal at the cooperating authority.

(5) So far it a sicherheitserhebliche knowledge requires and the inquiry of the person affected or his spouse or Lebenspartners does not suffice or oppose her worthy of protection interests, the cooperating authority beside the measures after the paragraphs can question 1 to 3 further suitable Auskunftspersonen or other suitable positions, particularly offices of the District Attorney or courts, or accomplish single measures of the one higher kind of the security examination.

Third section procedures

§ 13 Sicherheitserklärung

(1) In the Sicherheitserklärung are to be indicated by the person affected:

1. names, also earlier, first names,

2. Date of birth, -ort,

3. citizenship, also earlier and dual citizenships,

4. Marital status,

5. Residences and stays of longer duration than two months, and of course in the inland in the past five years, in the foreign countries from the 18th year,

6. exercised profession,

7. Employers and its address,

8. Amount of the children,

9. in the household living persons over 18 years (name, also earlier, first name, date of birth and place of birth and relationship to this person),

10. Parents, Stief - or foster parents (name, also earlier, first name, date of birth, place of birth, citizenship and residence),

11. Education - and occupation times, defense - or alternative service times with statement of the training facilities, occupation positions as well as their addresses,

12th number the identity card or passport,

13th statements about in the past five years accomplished pressure execution measures, and whether to the time the financial obligations can be fulfilled,

14. Contacts to foreign news services or to news services of the former German democratics republic, which can point to an opening - and advertising attempt,

15. Relations to anticonstitutional organizations,

16. pending Straf - and Disziplinarverfahren,

17. If security authority indicated to residences, stays, journeys, near relatives and other relations in and to states, in them after settlement of the Federal Ministry of the internal as nationals special security risk for them with sicherheitsempfindlicher activity dealt persons are to be procured,

18th two Auskunftspersonen for the Identitätsprüfung of the person affected only at the security examination after it §§ 9 and 10 (names, first names, address and relationship to the person),

19. three reference persons (name, first name, profession, professional and private address and phone numbers as well as temporal beginning of the acquaintance) only at a security examination after § 10,

20. Indicated to earlier security examinations.

Two current photos are to be enclosed the explanation with the statement of the year of the photograph.

(2) At the security examination after § 8 escape the statements about paragraph 1 No. 8, 11 and 12 and the duty, photos to procure; paragraph 1 No. 10 escapes, as far as the there named persons do not live in a household with the person affected. To the person of the spouse or Lebenspartners are with their agreement them in paragraph 1 No. 1 to 4, to indicate 14 and 15 named data. If the system files named in § 6 of the federal constitution protection law emerge from the Sicherheitserklärung or by virtue of the query from one sicherheitserhebliche knowledge over the spouse or Lebenspartner of the person affected, are further examination measures only permissible, if the spouse or Lebenspartner is included with his consent in the expanded security examination.

(3) Is included the spouse or Lebenspartner in the security examination, so are in addition them in paragraph 1 No. 5 to 7, 12, 13, 16, to indicate 17 and 18 named data.

(4) At security examinations it in § 3 paragraph 3 named persons are to be indicated in addition the residences since the birth, the siblings and completed Straf - and Disziplinarverfahren as well as all contacts to foreign news services or to news services of the former German democratics republic.

(5) The person affected can refuse statements, which could found for him/it, a near relative in the sense the § 52 paragraph 1 of the Strafprozessordnun or the Lebenspartner the danger more criminally or disciplinary tracing, the discharge or termination. Over the denial right the person affected is to be advised.

(6) The Sicherheitserklärung is to be supplied by the person affected of the responsible position. She/it checks the statements of the person affected at their completeness and accuracy. For this purpose the personal files can be understood. The responsible position forwards the Sicherheitserklärung to the cooperating authority and authorizes these, to accomplish a security examination, unless the responsible position has ascertained already at the test the Sicherheitserklärung, that a security risk exists, which a sicherheitsempfindlichen activity opposes. The cooperating authority can take with consent of the responsible position and the person affected in the personal file judgment, if this is imperative for the clarification or judgment sicherheitserheblicher knowledge.

§ 14 conclusion of the security examination

(1) Comes the cooperating authority to the result, that no security risk after § exists 5 paragraph 1, so informs them/it/her this of the responsible position. If knowledge occur, which found no security risk, but furthermore sicherheitserheblich are, so are informed these.

(2) Comes the cooperating authority to the result, that a security risk exists, she/it instructs in writing under statement of the reasons and their appraisal the responsible position. At nachgeordneten positions results the instruction over their most upper federal authority.

(3) The responsible position decides, whether a security risk exists, which the sicherheitsempfindlichen activity of the person affected opposes. In the doubt the security interest has precedence before other importance. § 6 paragraph 1 and 2 is to be noted.

(4) Refuses the responsible position the appointment with the sicherheitsempfindlichen activity, informs them/it/her this the person affected.

§ 15 preliminaries assignment a sicherheitsernpfindlichen activity

The responsible position can allow in exceptions deviating from § 2 paragraph 1 the sicherheitsempfindliche activity of the person affected before conclusion of the security examination, if the cooperating authority

1. at the simple security examination the statements in the Sicherheitserklärung under consideration of the own knowledge has rated or

2. at the expanded security examination and at the expanded security examination with Sicherheitsermittlungen the measures the nächstniederen kind of the security examination has completed

and from it no actual reference points for a security risk have emerged.

§ 16 Sicherheitserhebliche knowledge after conclusion of the security examination

(1) The responsible position and the cooperating authority have to instruct itself immediately mutually, if sicherheitserhebliche prove knowledge over the person affected or the spouse or Lebenspartner included in the security examination bekanntwerden or informed knowledge as incorrectly.

(2) The cooperating authority checks the sicherheitserheblichen knowledge and ascertains, whether a security risk after § exists 5 paragraph 1 and instructs the responsible position about the result of the test. In the remaining is to be utilized § 14 paragraph 3 and 4 accordingly.

§ 17 complement the Sicherheitserklärung and repetition examination

(1) The Sicherheitserklärung is the person affected, who a sicherheitsempfindliche activity exercises, to supply as a rule all five years again and to complement in the trap of entered changes by the person affected.

(2) At sicherheitsempfindlichen activities after § 10 is to be introduced as a rule in the distance by ten years a repetition examination. In the remaining can introduce the responsible position a repetition examination, if sicherheitserhebliche suggest knowledge this. The procedure at the repetition examination corresponds to that the Erstüberprüfung; the cooperating authority can foresee by a renewed Identitätsprüfung. The repetition examination results only with consent of the person affected, as far as legal nothing is certain other, and with the consent of his spouse or Lebenspartners, if he/it is included.

Fourth section acts over the security examination; data processing

§ 18 security act and security examination act

(1) The responsible position leads over the person affected a security act, in which all the security examination are to be taken in concerned information.

(2) information about the personal, official and workplace-related relationships of the persons, who are dealt with a sicherheitsempfindlichen activity, are to be taken to the security act, as far as they are considerable for the sicherheitsmässige judgment. Among them count particularly:

1. Assignment, transmission a sicherheitsempfindlichen activity, which to it given authorization as well as their alters and ending,

2. Conversion, delegation, transfer and withdrawal,

3. alters of the marital status, the name, a residence and the citizenship,

4. Reference points for heavy indebtedness, particularly seizure - and transfer decisions,

5. Straf - and Disziplinarsachen as well as serve - and workplace-related measures.

(3) The security act is no personal file. She/it is to be led separately and may neither are made the personalverwaltenden position nor the person affected accessible; § 23 paragraph 6 remains untouched. In the trap of the exchange of the agency or the employer the security act is to be submitted after there, even though there a sicherheitsempfindliche should be exercised activity.

(4) The cooperating authority leads over the person affected a security examination act, in which are to be taken in:

1. information, which the security examination, the accomplished measures and the result affect,

2. the withdrawal from or the Nichtaufnahme the sicherheitsempfindlichen activity,

3. alters of the marital status, the name, a residence and the citizenship.

Them in paragraph 2 No. 4 and 5 named data are to be taken to the security examination act, if they are sicherheitserheblich.

(5) The responsible position is obligated, which to transmit in paragraph 4 set 1 No. 3 and set 2 named data immediately the cooperating authority. The transmission it in paragraph 4 set 1 No. 2 named data results after it in § 22 paragraph 2 No. 1 determined time limits.

§ 19 storage and destruction of the documents

(1) The documents about the security examination are to be preserved separately and to protect against unauthorized reference.

(2) The documents about the security examination are to be destroyed at the responsible position within a year, if the person affected takes in no sicherheitsempfindliche activity, unless the person affected willigt in the further storage a. In the remaining are to be destroyed the documents about the security examination at the responsible position five years after the withdrawal from the sicherheitsempfindlichen activity, unless the person affected is intended willigt in the further storage an or it, to allocate the person affected in the foreseeable future again a sicherheitsempfindliche activity, to transfer or to authorize him/it to it.

(3) The documents about the security examination at the cooperating authority are to be destroyed after it in § 22 paragraph 2 No. 2 named time limits. Equal counts in reference to the documents to it in § 3 paragraph 3 named persons.

§ 20 storage, changing and using of personal data in files

(1) The responsible position may store for the fulfillment of their tasks after this law them in § 13 paragraph 1 No. 1 to 6 named personal data, their act find position and them of the cooperating authority as well as the occupation position, disposals for the processing of the process and involved authorities in files, change and use.

(2) The cooperating authority may for the fulfillment of their tasks

1. them in § 13 paragraph 1 No. 1 to 6 named personal data of the person affected and the spouse or Lebenspartners and the act find position included in the security examination,

2. Disposals for the processing of the process as well as

3. sicherheitserhebliche knowledge and knowledge, which found a security risk,

in files store, change and use. The data after number 1 may be stored also in the system files permissible after § 6 of the federal constitution protection law.

§ 21 transmission and purpose linking

(1) The personal data stored in the border of the security examination are allowed to do from the responsible position or cooperating authority only for

1. them with the security examination pursued purposes,

2. Tack the tracing of criminal offenses of considerable meaning,

3. purposes of parliamentary fact-finding committees

used will and transmitted. The criminal prosecution authorities may use them them according to set 1 No. 2 transmitted data for purposes of a criminal proceeding only, if the criminal prosecution would be complicated on other way considerably less promising or essentially. The responsible position may serve the stored personal data in addition for purposes the disziplinarrechtlichen tracing as well as - or workplace-related measures use and transmit, if this is necessary for the warranty the Verschlusssachenschutzes. The cooperating authority may use and transmit the stored personal data in addition in the border of the necessary extent 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 or for the enlightenment of other efforts of considerable meaning.

(2) The transmission it after § 20 in files stored data is only permissible, as far as she/it is necessary for the fulfillment it in paragraph 1 named purpose. Them after § 20 paragraph 2 No. 1 stored data may be used and transmitted for the fulfillment of all purposes of the protection of the Constitution.

(3) The cooperating authority may transmit personal data after the paragraphs 1 and 2 only at public positions.

(4) The use or transmission remains undone, as far as legal application regulations oppose.

(5) The receiver may process and use the transmitted data only for the purpose, for whose fulfillment they are transmitted him/it, and to the purpose of the criminal prosecution according to paragraph 1 set 1 No. 2. One not - public position is to be pointed to it.

§ 22 correcting, deletions and locks of personal data

(1) The responsible position and the cooperating authority have to correct personal data, if they are incorrect. If personal data is ascertained, that are incorrect or is contested their accuracy by the person affected, so is this, as far as the personal data be situated in acts, to note there or to capture on other way.

(2) In files stored personal data are to be deleted

1. from the responsible position

a) within a year, if the person affected takes in no sicherheitsempfindliche activity, unless the person affected willigt in the further storage a,

b) at the end of by five years after the withdrawal of the person affected from the sicherheitsempfindlichen activity, unless the person affected is intended willigt in the further storage an or it, to allocate the person affected in the foreseeable future a sicherheitsempfindliche activity, to transfer or to authorize him/it to it,

2. from the cooperating authority

a) at simple security examinations at the end of from five years after the withdrawal of the person affected from the sicherheitsempfindlichen activity,

b) at the remaining examination kinds at the end of from ten years, at the German Intelligence service at the end of from 25 years, after it in number 1 named time limits,

c) them after § 20 paragraph 2 No. 3 stored data, if is certain, that the person affected takes in no sicherheitsempfindliche activity or has excluded from her.

In the remaining are to be deleted in files stored personal data, if their storage is inadmissible.

(3) The deletion remains undone, if reason exists to the acceptance, that through them/it/her worthy of protection interests of the person affected would be hurt. In this case the data are to be disabled. You/They may be processed and used only still with consent of the person affected.

§ 23 information on stored personal data

(1) For proposition is to be given from the responsible position or cooperating authority gratuitously information, which data over the inquiring person in the border of the security examination were stored.

(2) Refers the Auskunftserteilung to the transmission of personal data at the cooperating authorities, is them/it/her only with their consent permissible.

(3) The Auskunftserteilung remains undone, so far

1. the information the regular fulfillment of the tasks lying in the responsibility of the storing position would endanger,

2. the information the public safety endanger or otherwise the welfare of the league or a country disadvantages would prepare or

3. the data or the fact of their storage after a right instruction or after their nature, particularly because of the predominant authorized interests of a third, must be concealed

and for that reason the interest the subscriber at the Auskunftserteilung must step back.

(4) The denial the Auskunftserteilung does not need an establishment, as far as through the communication of the actual and legal reasons, on which the decision is supported, the purpose pursued with the information denial would be endangered. In this case the reasons of the information denial are on record to make. The inquiring person is to be pointed to the legal basis for the absence of the establishment and to it, that she/it can turn to the league commissioner for the protection of data privacy.

(5) Is given the subscriber no information, so is to be given them/it/her on his longing the league commissioner for the protection of data privacy, as far as the respectively responsible most upper federal authority does not ascertain in the individual case, that thereby the security of the league or a country would be endangered. The communication of the league commissioner for the protection of data privacy may admit no conclusions on the knowledge status of the storing position, in so far as these does not agree with a broader information.

(6) The responsible position grants the inquiring person judgment in the security act, as far as an information is not suffices for the perception of their legal interests and them/it/her for this on the inspection dependent. The regulations of the paragraphs 2 to 5 count accordingly.

(7) The information is gratuitous.

Fifth section special provisions at security examinations for not - public positions

§ 24 application area

At security examinations of persons affected, who should not be authorized by the responsible position to a sicherheitsempfindlichen activity at one - public position, count following special provisions.

§ 25 responsibility

(1) responsibles position is the Federal Ministry for economy, as far as in the agreement with him/it an other most upper federal authority does not perceive the task as responsible position.

(2) The tasks it not - public position after this law are to be perceived fundamentally from an organizational unit separate by the Personalverwaltung. The responsible position can admit exceptions, if them are not obligated - public position themselves, information, which her in the border of the security examination bekanntwerden, to use only for such purposes, which pursued with the security examination.

§ 26 Sicherheitserklärung

If 13 paragraph 6 not deviate from § supplies the person affected his Sicherheitserklärung it - public position, in which he/it is busy. In the trap of the inclusion of the spouse or Lebenspartners after § 2 paragraph 2 encloses he/it its consent. Them not - public position checks the completeness and accuracy of the statements and may, as far as this is necessary, which Personalunterlagen beiziehen. She/it transmits the Sicherheitserklärung at the responsible position and informs these available sicherheitserhebliche knowledge.

§ 27 conclusion of the security examination, transmission sicherheitserheblicher knowledge

The responsible position does not instruct them - public position only about it, that the person affected to the sicherheitsempfindlichen authorizes activity or is authorized not. Knowledge, which affect the denial of the authorization to the sicherheitsempfindlichen activity, may not be informed. For the warranty the Verschlusssachenschutzes can not will and may transmitted sicherheitserhebliche knowledge at them - public position by her exclusively for this purpose are used. Them not - public position has to instruct the responsible position immediately, if sicherheitserhebliche knowledge about the person affected or the spouse or Lebenspartner included in the security examination bekanntwerden.

§ 28 update the Sicherheitserklärung

(1) Them not - public position conducts the person affected, who a sicherheitsempfindliche activity exercises, on requirement of the responsible position the Sicherheitserklärung as a rule all five years renews to.

(2) The person affected has to complement the data indicated in the Sicherheitserklärung in the trap of entered changes. The responsible position authorizes the cooperating authority, to accomplish the measures after § 12 paragraph 1 No. 2 and 3 again and to rate.

§ 29 transmission of information about personal and workplace-related relationships

Them not - public position has the responsible position the withdrawal from sicherheitsempfindlicher activity, to inform alters of the marital status, the name, a residence and the citizenship immediately.

§ 30 security act it not - public position

For the security act in it not - public position count the instructions of this law over the security act accordingly with the proviso, that the security act is not submitted it - public position at an exchange of the employer not.

§ 31 data processing, -nutzung and -berichtigung in automated files

Them not - public position may store the personal data necessary after this law for the fulfillment of their tasks of the person affected in automated files, change and use. Them for the responsible position existing regulations for the correction, deletion and obstruction are applied.

Sixth section journey limits, security examinations for proposition of foreign agencies and conclusion instructions

§ 32 journey limits

(1) persons, who a sicherheitsempfindliche activity exercise, which requires a security examination after it §§ 9 and 10, can be obligated, service - and private journeys in and through states, for which special security regulation count, the responsible position or not to indicate it - public position in time previously. The obligation can be ordered also for the time after the withdrawal from the sicherheitsempfindlichen activity.

(2) The journey can be forbidden by the responsible position, if reference points exist to the person or one particularly sicherheitsempfindliche activity, which have a considerable threat expected through foreign news services.

(3) yielding itself at a journey in and through states, for which special security regulation count, reference points, which can point to an opening - and advertising attempt of foreign news services, to instruct so is the responsible position after conclusion of the journey immediate.

§ 33 security examination for proposition of foreign agencies

(1) Requests a foreign agency the cooperating authorities for the assistance at a security examination, so conforms them/it/her according to the determinations of this law, as far as is not have agreed with in right instructions of international arrangements or international law contracts, which the legislative bodies according to articles 59 paragraph 2 of the Constitutional Law, something other certain.

(2) The assistance remains undone, if foreign importance of the Federal Republic of Germany or predominant worthy of protection interests of the person affected oppose. This counts also at the transmission of personal data at the foreign agency.

(3) The foreign agency is to be pointed to it, that the personal data transmitted in the border of the security examination may be used only for purposes of the security examination and the cooperating authority reserves himself, to ask information on the undertaken application of the data.

§ 34 authorization for the regulation

The federal government is authorized, to ascertain through regulation, which authorities or other public positions of the league tasks in the sense the § 10 set 1 No. 3 perceive.

§ 35 generals management instructions

(1) The general management instructions for the execution of this law remits the Federal Ministry of the internal, as far as in the paragraphs 2 to 4 nothing is certain other.

(2) The general management instructions for the execution of this law in the range of the security examination in the economy remits the Federal Ministry for economy in the agreement with the Federal Ministry of the internal.

(3) The general management instructions for the execution of this law in the company division of the Federal Ministry of the defense remits the Federal Ministry of the defense in the agreement with the Federal Ministry of the internal.

(4) The general management instructions for the execution of this law at the news services of the league remits the respectively responsible most upper federal authority in the agreement with the Federal Ministry of the internal.

§ 36 application of the league data protection act, federal constitution protection law, Mad - law and Bnd - law

(1) The instructions of the first of section and the fifth of section as well as them §§ 18 and 39 the league data protection act, the first of section and them §§ 14 and 23 No. 3 of the federal constitution protection law also together with § 12 of the Mad - law and § 10 the Bnd - law as well as them §§ 1 and 8 the Mad - law and § 6 the Bnd - law are applied.

(2) For the protection of data privacy control it by public and not - public positions after this law stored personal data count them §§ 21 and 24 to 26 the league data protection act.

§ 37 Strafvorschriften

(1) Who unauthorized by this law protected personal data, which are not flagrant,

1. stores, changes or transmits,

2. to the call by means of automated procedure has ready or

3. retrieves or procures itself or an other from files,

is punished with prison term up to a year or with fine.

(2) Likewise is punished, who

1. the transmission by through this law protected personal data, which are not flagrant, through incorrect statements erschleicht or

2. against § 21 paragraph 1 or § 27 set 3 data for other purposes uses, in that he/it transmits them/it/her within the position at an other.

(3) Deals the perpetrator against compensation or to enrich in the intent, itself or an other or to damage an other, so is the punishment prison term up to two years or fine.

(4) The deed is pursued only for proposition.

§ 38 altering of laws

(1) articles 1 § 1 paragraph 2 of the law for the limit the letter -, mail - and Fernmeldegeheimnisses from 13th August 1968 (BGBl. I S. 94.9), which finally through articles 2 of the law of that 27. May 1992 (BGBl. I S. 997) has been changed, is changed as follows:

Set 3 is grasped as follows:

- " They have to have ready for the implementation of the projecting named orders the necessary personnel, which according to the security examination law of that 20. April 1994 (BGBl. I S. 867) examines and is authorized to the entrance to classified information of the respective secrecy degree. " -

(2) The federal constitution protection law of that 20. December 1990 (BGBl. I S. 2954, 2970) is changed as follows:

1. § 3 paragraph 2 is changed as follows:

a) Set 2 is grasped as follows:

- " 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 that 20. April 1994 (BGBl. I S. 867) controlled. " -

b) The sets 3 and 4 are picked up.

2. § 8 paragraph 4 set 2 is grasped as follows:

- " The person affected is to be pointed to the voluntariness of his statements. " -

3. § 10 paragraph 2 is picked up.

(3) The Mad - law of that 20. December 1990 (BGBl. I S. 2954, 2977) is changed as follows:

§ 1 paragraph 3 is changed as follows:

1. Set 2 is grasped as follows:

- " The authorities of the military of counterintelligence at the assistance according to set 1 No. 1 letter a are in the security examination law of that 20. April 1994 (BGBl. I S. 867) controlled. " -

2. The sets 3 and 4 are picked up.

(4) §§ 24 paragraph 6 set 1 No. 7 of the compulsory military service law in the poise of the notice from 13th June 1986 (BGBl. I S. 879), which finally through articles 6 paragraph 45 of the law of that 27. December 1993 (BGBl. I S. 2378) has been changed, is grasped as follows:

- " 7. on demand the responsible defense substitute authority in the regard on a sicherheitsempfindliche anticipated for them/it/her activity in the German armed forces of a first security examination and further security examinations to undergo. The implementation of the security examination determines itself after the security examination law of that 20. April 1994 (BGBl. I S. 867). It does not need a consent of the draftee. " -

(5) § 2 paragraph 2 set 3 of the Bnd - law of that 20. December 1990 (BGBl. I S. 2954, 2979) is grasped as follows:

- " At security examinations is the security examination law of that 20. April 1994 (BGBl. I S. 867) to utilize. " -

§ 39 taking effect

This law steps at the day after the announcement in power.

The constitutional rights of the Bundesrat are preserved.

The projecting law is issued herewith and is proclaimed in the Federal Law gazette.

Berlin, which 20. April 1994