Section 39 GwG – Order opening a file

(1) 1The German Financial Intelligence Unit issues, for every automated file containing personal data it maintains for the performance of its functions, an order opening the file. 2The opening order requires the consent of the Federal Ministry of Finance. 3Prior to an opening order being issued, the Federal Commissioner for Data Protection and Freedom of Information (Bundesbeauftragter für den Datenschutz und die Informationsfreiheit) must be heard.
(2) 1The order opening the file must set out:

  1. the name of the file,
  2. the legal basis and the processing purpose,
  3. the group of persons about whom data is stored,
  4. the type of personal data to be stored,
  5. the types of personal data serving to render the file accessible,
  6. the supply or input of the data to be stored,
  7. the conditions under which personal data stored in the file may be transmitted, the recipients to whom they may be transmitted and the procedure to be followed,
  8. the time limits for review of the stored data and the period for which it is stored,
  9. the logging system.
    2The time limits for the review of the stored data may not exceed five years. 3They are based on the purpose of the storage and the type and importance of the matter; distinctions must be made based on the purpose of the storage and the type and importance of the matter.
    (3) 1If, in view of the urgency with which the German Financial Intelligence Unit must perform its functions, it is not possible for the authorities specified in subsection (1) to be consulted, the Central Customs Authority (Generalzolldirektion) may issue an urgent order. 2At the same time, the Central Customs Authority notifies the Federal Ministry of Finance and submits the urgent order to it. 3The procedure under subsection (1) must subsequently take place without delay.
    (4) The necessity of further maintaining or amending the order opening the file must be reviewed at suitable intervals.