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C O N F I D E N T I A L SECTION 01 OF 02 BERLIN 002058 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EUR/AGS AND CA/P/IP - ERIN TREACY 
 
E.O. 12958: DECL: 07/21/2016 
TAGS: PTER CVIS PINR PGOV PREL GM
SUBJECT: GERMANY: HSPD-6 TERRORIST DATA SHARING UPDATE 
 
REF: A. STATE 109771 
     ¶B. PILZ-PATTISON EMAILS 
     ¶C. BERLIN 1995 
 
Classified By: Acting Deputy Chief of Mission John K. Bauman for Reason 
s 1.4 (b) and (d) 
 
¶1. (SBU) Summary.  Mission Germany has pushed HSPD-6 
information sharing with German officials for several months, 
thus far without success, but recent developments and future 
high-level contact may provide a way forward.  The U.S. 
sharing of the Terrorist Screening Database (TSDB) for the 
Soccer World Cup and an upcoming letter and visit to 
Washington from Interior Minister Schaeuble provide 
opportunities to influence the German position.  End Summary. 
 
Background 
---------- 
 
¶2. (SBU) Germany has several federal law enforcement and 
security agencies, among them the Federal Office of Criminal 
Investigation (BKA), Federal Police (BPOL), Federal Office 
for the Protection of the Constitution (BfV - domestic 
security service) and Federal Intelligence Service (BND - 
foreign security service).  Each maintain data on those who 
might pose a threat to Germany, including terrorists.  The 
Federal Interior Ministry, which is the parent ministry of 
all these agencies except the BND, is drafting legislation 
that may result in a combined database (ref C). 
 
Mission Efforts 
--------------- 
 
¶3. (C) Several Mission Germany elements have engaged their 
German counterparts to encourage the sharing of terrorist 
lookout information during recent months.  While efforts have 
not yet borne fruit, progress may still be possible.  Legat 
sought access to different sets of German terrorist data 
(convicted terrorists, suspected terrorists, and those 
believed to pose a threat), including their fingerprints. 
Attorney General Gonzales raised the issue with Interior 
Ministry Deputy Minister Altmaier in Vienna in May and FBI 
Deputy Director Pistole had earlier made the request to 
senior German counterparts in October 2005.  German officials 
responded that European and German data privacy 
considerations prevent the sharing of the information.  MOI 
staff cite the same obstacle to Global Affairs Officer and 
add that Washington might want to consider seeking data 
exchange with the Schengen system, rather than individual 
European countries. 
 
¶4. (C) Secretary Chertoff specifically raised the sharing of 
terrorist lookout data with German Interior Minister Wolfgang 
Schaeuble in June at the G-8 Justice and Home Affairs 
ministerial in Moscow.  This meeting along with refs A and B 
provided post the opportunity to pursue the HSPD-6 agenda 
anew.  Senior MOI officials repeatedly cite broader data 
sharing as a prime German objective in the fight against 
terrorism.  MOI DG for the Federal Police, Dr. Ruediger Kass, 
told EMIN July 13 that privacy considerations 
notwithstanding, Germany shared U.S. objectives in preventing 
the travel of terrorists and ought to be able to agree to the 
U.S. request.  But MOI Deputy DG for Counterterrorism Gerhard 
Schindler was less optimistic in a July 17 meeting with a 
visiting interagency U.S. Counterterrorism delegation headed 
by Primary National Intelligence Officer for Transnational 
Threats David Low.  Schindler again cited the privacy 
considerations. 
 
Upcoming Ministerial Correspondence, Travel 
------------------------------------------- 
 
¶5. (C) MOI Office Director for Biometrics, Passports and IDs 
in the Information Technology Directorate Andreas Reisen told 
Cons MinCouns, ConOff and Global Affairs Officer July 20 that 
he was to draft a letter from Minister Schaeuble to Secretary 
Chertoff responding to the Secretary's proposal in their June 
meeting for the two countries to work more closely together. 
Emboffs told Reisen, and subsequently informed other MOI 
offices, that the Minister should respond to Secretary 
Chertoff's specific HSPD-6 proposal for terrorist lookout 
data sharing, a key U.S. priority, in his letter.  Other MOI 
 
BERLIN 00002058  002 OF 002 
 
 
offices, including those of Kass and Schindler, will also 
have input in the letter.  The letter will set the stage for 
Schaeuble's planned visit to Washington the week of September 
¶24. 
 
TSC Shared TSDB for World Cup 
 
SIPDIS 
----------------------------- 
 
¶6. (C) Recent successful data sharing may also help argue our 
case: The TSC shared relevant portions of the TSDB, via 
Legat, with the BKA for Germany to vet those applying for 
accreditation badges at the June 9 - July 9 2006 Soccer World 
Cup.  German officials checked more than 147,000 names 
against the TSDB; there were no "hits."  In order to prevent 
a court-mandated release of any potentially provided tearline 
information on hits, the two sides agreed that the U.S. would 
provide hit background information, if any, to the BfV. 
Under German law the BfV would be able to resist a judge's 
order to reveal the source of the information on 
confidentiality grounds; the BKA would not.  This resolution 
 
SIPDIS 
of how the two sides would handle potential hits made it 
possible for the U.S. to share the TSDB with Germany and may 
point a way forward for HSPD-6 as well. 
 
¶7. (SBU) Mission will continue to work with German officials 
in the coming months towards an agreement to share terrorist 
lookout data per HSPD-6. 
TIMKEN JR