If the PTSS establishes that the surveillance relates to a holder of official or professional secrets but that the statutory measures to protect these secrets have not been taken, it shall in the following situations notify the ordering authority and the approval authority without delay and initially shall not allow the former and the persons named in the surveillance order access to the surveillance data:
- if surveillance has been ordered by a civilian prosecution authority: in the case of persons from the professional groups specified in Articles 170–173 CrimPC unless measures have been taken in accordance with Article 271 CrimPC;
- if surveillance has been ordered by a military prosecution authority: in the case of persons from the professional groups specified in Article 75 letter b MCPC unless measures in accordance with Article 70b MCPC have been taken;
- if surveillance has been ordered by the FIS: in the case of persons from the professional groups specified in Articles 171–173 CrimPC unless measures have been taken in accordance with Article 58 paragraph 3 of the Intelligence Service Act of 25 September 20151in conjunction with Article 23 of the Intelligence Service Ordinance of 16 August 20172.