(1) 1The German Financial Intelligence Unit may, insofar as this is necessary for the performance of its functions, collect data from domestic public authorities. 2The domestic public authorities provide information to the German Financial Intelligence Unit at its request for the performance of its functions insofar as no transmission restrictions preclude the provision of information.
(2) 1The enquiries must be answered by the domestic public authority without delay. 2Data related to the enquiry must be made available.
(3) 1The German Financial Intelligence Unit should establish an automated process for the transmission, by means of retrieval, of personal data which are stored by other domestic public authorities and which the German Financial Intelligence Unit is entitled by law to receive, unless otherwise stipulated by law and insofar as this form of data transmission is appropriate, with due regard for the legitimate interests of the data subjects, because of the large number of transmissions or because of its particular urgency. 2For the purpose of monitoring the permissibility of the automated retrieval process, the German Financial Intelligence Unit is to state in writing:
- the reason for and purpose of the comparison or retrieval process,
- the third parties to whom information is transmitted,
- the type of data to be transmitted, and
- the technical and organisational measures to ensure data protection.
(4) 1The German Financial Intelligence Unit is entitled, insofar as this is necessary for the performance of its functions under section 28 (1) sentence 2 no. 2, to compare, by automated means, the personal data stored in its information system with the personal data contained in the police information network under section 13 in conjunction with section 29 (1) and (2) of the Act on the Bundeskriminalamt (Bundeskriminalamtgesetz). 2If the comparison under sentence 1 results in a match between transmitted data and data stored in the police information network, the German Financial Intelligence Unit receives, by automated means, the information that a match exists and is entitled to retrieve, by automated means, the data which exist on this in the police information network. 3If the participants in the police information network have categorised data as being especially sensitive and have for this reason prevented data retrieval by the German Financial Intelligence Unit under sentence 2, the participant in the police information network holding the data receives, by automated means, the information that a match exists. 4At the same time, in the cases described in sentence 3, the German Financial Intelligence Unit receives the information about the existence of a match and the information about who the participant in the police information network holding the data is. 5In the case of information about the existence of a match under sentence 3, it is the responsibility of the individual participant in the police information system holding the data to contact the German Financial Intelligence Unit without delay and transmit the data to it, insofar as no transmission restrictions preclude this. 6The provisions set out in sentences 1 to 5 take precedence over the provision set out in section 29 (8) of the Act on the Bundeskriminalamt. 7The establishment of a more far-reaching automated retrieval process for the German Financial Intelligence Unit is permissible with the consent of the Federal Ministry of the Interior, Building and Community, the Federal Ministry of Finance and the interior ministries and senate departments for the interior of the Länder, insofar as this form of data transmission is appropriate, with due regard for the legitimate interests of the data subjects, because of the large number of transmissions or because of its particular urgency. - (4a) 1The German Financial Intelligence Unit is entitled, insofar as this is necessary for the performance of its functions under section 28 (1) sentence 2 no. 2, to obtain information from the Central Public Prosecution Proceedings Register (Zentrales Staatsanwaltschaftliches Verfahrensregister) by automated means, by providing the first name, surname and, additionally, the date of birth, place of birth or last known address of a natural person. 2If the information obtained under sentence 1 results in a match between transmitted data and data stored in the Central Public Prosecution Proceedings Register, the German Financial Intelligence Unit receives, by automated means, the information that a match exists and is entitled to retrieve, by automated means, the data which exist on this in the Central Public Prosecution Proceedings Register. 3The personal data obtained from the Central Public Prosecution Proceedings Register may only be used for operational analysis purposes.
- (5) 1Revenue authorities provide information to the German Financial Intelligence Unit in accordance with section 31b (1) no. 5 of the Fiscal Code and, under section 31b (2) of the Fiscal Code, notify it of the information specified in that subsection. 2As preparation for requesting information from tax offices, the German Financial Intelligence Unit may, by providing the first name, surname and the address or date of birth of a natural person, retrieve, by automated means, the details of the relevant tax office and tax number for this natural person from the database under section 139b of the Fiscal Code. 3Automated retrieval by the German Financial Intelligence Unit of other data which are stored by the revenue authorities and subject to the tax secrecy requirement under section 30 of the Fiscal Code is only possible insofar as this is permitted by the Fiscal Code or the tax laws. 4By way of derogation from sentence 3, subsection (3) applies to the automated retrieval of data which is stored by the revenue authorities of the customs administration and which the German Financial Intelligence Unit is legally entitled to receive.
- (6) 1The German Financial Intelligence Unit may, for the performance of its functions, retrieve data, by automated means, from the files which the credit institutions under section 2 (1) no. 1 and the institutions under section 2 (1) no. 3 are required to maintain under section 24c (1) of the Banking Act. 2Section 24c (4) to (8) of the Banking Act applies to the data transmission, with the necessary modifications.
- (7) Insofar as is necessary to verify the particulars of the person concerned, the German Financial Intelligence Unit may retrieve the following data, using the automated retrieval procedure under section 38 of the Federal Act on Registration (Bundesmeldegesetz), in addition to the data specified in section 38 (1) of the Federal Act on Registration:
- current nationalities,
- previous addresses, indicating primary and secondary residences, and
- issuing authority, date of issue, duration of validity, serial number of the identity card, provisional identity card or replacement identity card, the recognised and valid passport, or the passport substitute.