, Briefly security examination law the conditions and the procedure for the security examination of persons, who with certain sensitive activities are to be entrusted (security examination, regulates the "“law over the conditions and the procedure of security examinations of the federation"”) or already entrusted are (repetition examination). A sensitive activity exercises for example, who has entrance to classified materials or it provide can, which are classified as TOP SECRET, SECRET or VS-CONFIDENTIAL.

Security examinations

The knows three stages of security examinations:

• The simple security examination after "§ 8 is to be supposed to receive among other things for persons to be accomplished, the entrance too as VS-CONFIDENTIAL classified classified materials or it to provide been able,
• The extended security examination after "§ 9 is to be supposed to receive the entrance for persons to be accomplished, too as SECRET classified classified materials or a high number as VS-CONFIDENTIAL classified classified materials or it to provide been able,
• The extended security examination with safety determinations after "§ 10 is to be supposed to receive the entrance for persons to be accomplished, too as TOP SECRET classified classified materials or a high number as SECRET classified classified materials or it to provide been able, as well as with persons, who are to notice with an intelligence service of the federation or an authority activities with comparable sensitiveness.

Measures with the individual kinds of examination

The measures with the individual kinds of examination are fixed in "§ 12 During the simple security examination first the data of the safety explanation (see below) of the person with consideration of the realizations of the protection of the constitution authorities of the federation and the countries, who can be examined, are evaluated. Besides an unrestricted information from the federal central register (BZR) is caught up, and inquiries go to the Federal Criminal Investigation Office (Federal Bureau of Criminal Investigations), the border control management and the intelligence services federalwith the extended security examination go additionally to inquiries to the police stations of the had domiciles of the concerning (usually limits to the last five years), and also its identity are examined. Possibly also the spouse or life partner of the concerning is referred into the security examination. During the extended security examination with safety determinations additionally the reference persons and further suitable information persons indicated by the concerning in its safety explanation are asked, in order to examine whether the data of the concerning apply and whether actual reference points are present, which suggest a safety risk. In special cases different additional measures can be met.

The safety explanation

The person who can be examined has to deliver a safety explanation. In it are to be indicated (depending upon kind of examination can some points be omitted or on persons standing with the person in relationship expand):

1. Name, also earlier, first name,
2. Date of birth, - place,
3. Nationality, also earlier and double nationalities,
4. Family status,
5. Domiciles and stays of longer duration than two months, inland in the past five years, abroad starting from that 18. Lebensjahr,
6. exercised occupation,
7. Employer and its address,
8. Number of children,
9. in the household living persons over 18 years (names, also earlier, first names, date of birth and place of birth and relationship to this person),
10. Parents, Stief or care parents (names, also earlier, first names, date of birth, place of birth, nationality and domicile),
11. Military, times of employment and training or civil service times with indication of the training centres, occupation places as well as their addresses,
12. Number of the identity card or passport,
13. Data over in the past five years accomplished execution measures, and whether at present the financial obligations can be fulfilled,
14. Contacts to foreign intelligence services or to intelligence services of the former German ones Democratic Republic, which can point on a preparation and an advertisement attempt,
15. Relations with anticonstitutional organizations,
16. pending punishing and Disziplinarverfahren,
17. Data to domiciles, stays, journeys, approach members and other relations in and with states, in which after statement of the Federal Ministry of the inside as a national security authority special safety risks for the persons concerned with sensitive activity are to be procured,
18. two information persons for the of the concerning only during the security examination after "§"§ the 9 and 10 (names, first names, address and relationship to the person),
19. three reference persons (names, first names, occupation, vocational and private address and call numbers as well as temporal beginning of the acquaintance) only during a security examination after "§ 10,
20. Data to earlier security examinations.

Arrangement of the law

First section: General regulations

"§ 1 purpose and range of application of the law

"§ 2 circle of acquaintances concerned

"§ 3 competence

"§ 4 classified materials

"§ 5 safety risks, safetysubstantial realizations

"§ 6 rights of the concerning

Second section: Kinds of examination and execution measures

"§ 7 kinds of the security examination

"§ 8 simple security examination

"§ security examination extended 9

"§ 10 extend security examination with safety determinations

"§ 11 data acquisition

"§ 12 measures with the individual kinds of examination

Third section: Procedure

"§ 13 safety explanation

"§ 14 conclusion of the security examination

"§ 15 provisional assignment of a sensitive activity

"§ 16 safetysubstantial realizations after conclusion of the security examination

"§ 17 addition of the safety explanation and repetition examination

Fourth section: Documents over the security examination; Data processing

"§ 18 safety document and security examination document

"§ 19 keeping and destruction of the documents

"§ 20 memory, changing and using of personal data in files

"§ 21 transmission and appropriation

"§ 22 correcting, deletion and closing of personal data

"§ 23 information on stored personal data

Fifth section: Special arrangements with security examinations for closed places

"§ 24 range of application

"§ 25 competence

"§ 26 safety explanation

"§ 27 conclusion of the security examination, passing on of safetysubstantial realizations

"§ 28 actualization of the safety explanation

"§ 29 transmission of information about personal and conditions pertaining to labour law

"§ 30 safety document of the closed place

"§ 31 data processing, - use and - correction in automated files

Sixth section: Travel restrictions, security examinations upon the request of foreign agencies and concluding clauses

"§ 32 travel restrictions

"§ 33 security examination upon the request of foreign agencies

"§ 34 authorization for statutory order

"§ 35 general administrative regulations

"§ 36 application of the Federal Law for Data Protection, Federal Constitution law for the protection, WAD law and Federal Intelligence Service law

"§ 37 penalty clauses

"§ 38 change of laws

"§ 39 the entry into force

Other

With suspicion on offence against federaldata security-legal regulations in connection with a security examination one can contact the Federal Commissioners for the data security (BfD).

See also

• Federal Law for Data Protection (BDSG)
• Military shielding service (WAD)
• Federal Information Service (Federal Intelligence Service)

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