§ 24 TDDDG
Information Procedure for Usage Data
(1)Any person who provides digital services on a commercial basis, participates therein, or mediates access to the use thereof may use the usage data in accordance with this provision to fulfil obligations to provide information to the authorities referred to in paragraph 3. All internal data sources of the undertaking must be taken into account for the provision of information.
(2)Information may only be provided in accordance with the following paragraphs and insofar as the authority requesting the information so requests in the individual case, citing a statutory provision that permits it to collect the data referred to in paragraph 1. The request for information must be made in writing or electronically. In the event of imminent danger, information may also be provided where the request is made in another form. In such a case, the request must be confirmed in writing or electronically without delay after the fact. Responsibility for the permissibility of the information lies with the authorities requesting the information.
(3)Information under paragraph 1 sentence 1 may only be provided to 1 the authorities competent for the prosecution of criminal offences, insofar as there are sufficient actual indications for a criminal offence and the data to be collected are necessary to investigate the facts or to determine the whereabouts of an accused person,; 2 the authorities competent for the prevention of threats to public safety or order, insofar as this is necessary in the individual case
a)to prevent a threat to aa) public safety, whereby the information is limited to usage data under Section 2(2) No. 3 letter a, or; bb) life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, public interests whose threat affects the foundations of human existence, and property of not insignificant value, or;
b)to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, public interests whose threat affects the foundations of human existence, and property of not insignificant value, where facts permit the conclusion of an event that is at least specified in terms of its nature and foreseeable in terms of time in which specific persons will be involved, or;
c)to protect life, limb, freedom of the person, sexual self-determination, the continued existence and security of the Federation or a Land, the free democratic basic order, and public interests whose threat affects the foundations of human existence, where the individual conduct of a person gives rise to a concrete probability that the person will commit a criminal offence directed against such a legal interest within a foreseeable period, or;
d)to prevent a criminal offence of considerable significance, provided that facts justify the assumption that a person will, within a foreseeable period, be involved as a perpetrator or accomplice in the commission of an offence in a manner specified in terms of its nature, or;
e)to prevent a serious criminal offence under Section 100a(2) of the Code of Criminal Procedure, provided that the individual conduct of a person gives rise to a concrete probability that the person will commit the offence within a foreseeable period,; 3 the Federal Criminal Police Office as a central office under Section 2 of the Federal Criminal Police Office Act, provided that in the individual case there is a considerable threat to public safety or there are sufficient actual indications for a criminal offence within the meaning of Section 2(1) of the Federal Criminal Police Office Act and the data are necessary to determine the competent criminal prosecution authority or competent police authority, whereby the information is limited to usage data under Section 2(2) No. 3 letter a,; 4 the Customs Criminal Investigation Office, insofar as this is necessary in the individual case to protect the legal interests referred to in Section 4(1), also in conjunction with paragraph 2, of the Foreign Trade and Payments Act, where
a)facts permit the conclusion of an event that is at least specified in terms of its nature and foreseeable in terms of time in which specific persons will be involved, or;
b)the individual conduct of a person gives rise to a concrete probability that the person will commit a criminal offence directed against such a legal interest within a foreseeable period,; 5 the domestic intelligence agencies of the Federation and the Laender, insofar as this is necessary on the basis of actual indications in the individual case for the clarification of specific endeavours or activities under
a)Section 3(1) of the Federal Constitutional Protection Act, or;
b)an observation mandate of the Land authority established under Land law for the protection of the constitution (Section 1(1) of the Federal Constitutional Protection Act), in particular for the protection of the constitutional order against endeavours and activities of organised crime,; 6 the Military Counter-Intelligence Service, insofar as this is necessary on the basis of actual indications in the individual case for the performance of duties under Section 2(1), (4), or (5) of the MAD Act,; 7 the Federal Intelligence Service for the acquisition of intelligence about foreign countries of foreign and security policy significance for the Federal Republic of Germany, provided that
a)there are actual indications that an event exists that is at least specified in terms of its nature and foreseeable in terms of time in which specific persons will be involved, and which aa) falls within one of the areas of danger referred to in Section 4(3) No. 1 of the BND Act, or; bb) will impair one of the legal interests referred to in Section 4(3) Nos. 2 and 3 of the BND Act, or;
b)the provision of information on specific usage data within the meaning of Section 2(2) No. 3 letter a is necessary to identify a user from whom a specific content of the use of the digital service already known to the Federal Intelligence Service originates, for the purpose of aa) the political briefing of the Federal Government, where in the individual case there are actual indications for specific events abroad that are of foreign and security policy significance for the Federal Republic of Germany and for the clarification of which the Federal Chancellery has instructed the Federal Intelligence Service, or; bb) the early detection of threats from abroad of international significance, where in the individual case there are actual indications for events abroad that have a connection to the areas of danger referred to in Section 4(3) No. 1 of the BND Act or that are aimed at or are apt to damage the legal interests referred to in Section 4(3) Nos. 2 and 3 of the BND Act.
(4)Any person who provides digital services on a commercial basis, participates therein, or mediates access to the use thereof must transmit the data to be disclosed without delay and in full. Any encryption of the data shall remain unaffected. The obliged persons must maintain confidentiality vis-a-vis the data subjects and third parties regarding the request for information and the provision of information.
(5)Any person who provides digital services on a commercial basis or participates therein must take the measures necessary for the provision of information within his or her area of responsibility at his or her own expense. Every request for information must be reviewed by a responsible specialist for compliance with the formal requirements referred to in paragraph 2. Further processing of the request for information may only be released after a positive review result.