§ 8 TDDDG
Misuse of Telecommunications Installations
(1)It is prohibited to possess, manufacture, make available on the market, import, or otherwise bring within the territorial scope of this Act telecommunications installations that simulate another object by their form or that are disguised as objects of everyday use and that, by reason of such circumstances or by reason of their functionality, are particularly suitable for and intended for the purpose of surreptitiously intercepting the non-publicly spoken word of another person or surreptitiously recording the image of another person.
(2)A telecommunications installation is deemed to be intended for surreptitious interception or image recording in particular where its interception or recording function is not clearly recognisable to the affected person during the intended use of the object.
(3)The prohibition on possessing telecommunications installations under paragraph 1 does not apply to anyone who acquires actual control over such a telecommunications installation 1 as an organ, as a member of an organ, as a legal representative, or as a partner authorised to represent an authorised person under paragraph 5,; 2 from or for another authorised person under paragraph 5, provided and for as long as that person is required to follow the instructions of the other authorised person regarding the exercise of actual control over the telecommunications installation under an employment or service relationship, or exercises actual control under a judicial or administrative order,; 3 as a bailiff or enforcement officer in enforcement proceedings,; 4 from an authorised person under paragraph 5 temporarily for the purpose of safekeeping or non-commercial transport to an authorised person,; 5 solely for the purpose of commercial transport or commercial storage,; 6 through finding, provided that the telecommunications installation is delivered without delay to the person who lost it, the owner, another authorised person under paragraph 5, or the authority competent for receiving the notification of the find,; 7 through inheritance, provided that the telecommunications installation is transferred without delay to an authorised person under paragraph 5 or is permanently rendered inoperable.
(4)The prohibition on possessing telecommunications installations under paragraph 1 furthermore does not apply to a telecommunications installation that has been permanently rendered inoperable by the removal of an essential component, provided that the person who acquires actual control over such a telecommunications installation notifies the Federal Network Agency of the acquisition in writing without delay. The notification must contain the following information: 1 the name, first names, and address of the acquirer,; 2 the type of telecommunications installation, its manufacturer's or trade mark and, if the telecommunications installation bears a serial number, that number as well,; 3 a credible statement that the acquirer has acquired the telecommunications installation exclusively for collecting purposes.
(5)The competent supreme federal or Land authorities shall grant exceptions from paragraph 1 where this is necessary in the public interest, in particular for reasons of public safety or for the purpose of teaching about or research on corresponding telecommunications installations. Paragraph 1 shall furthermore not apply insofar as the Federal Office for Economic Affairs and Export Control has approved the export of the telecommunications installations, and shall not apply to technical means of authorities that employ them within the limits of their statutory powers for the implementation of technical investigative measures.
(6)It is prohibited to publicly advertise or to advertise in communications intended for a larger group of persons telecommunications installations by indicating that they are suitable for surreptitiously intercepting the non-publicly spoken word of another person or surreptitiously recording the image of another person.