Karlsruhe should re-examine stock data retention

Karlsruhe should re-examine stock data retention

Graphic: TP

Complainant argue, among other things with one "surveillance"

In a good half year, communication providers are to be required to save IP addresses and other supply data for access to hesis. Such a data retention was branded by the Federal Scarf Court and 2014 by the European Court of Justice as a fundamental right. The Federal Ministry of Justice therefore explained in January 2015 on a request from Telepolis, it was "hardly imaginable", that after the judgment of the ECJ one "Eventless storage of communication data" Realize Lasse (cf. Politician plan reintroduction of inventory data retention. Shortly thereafter Federal Minister of Justice Heiko Maas and the rest of the Black-Red Federal Government introduced the maaking yet – albeit in something changed form.

Whether this new form is the requirements of the Basic Law, the Federal Cancer Court should now be checked. To do this, have 30.000 Burgers signed a longitudinal complaint, the representatives of the Verein DigitalCourage, the working group against data retention and several individuals will officially submit noon in Karlsruhe today.

The complaints argue, "that telecommunications in Germany is no longer confidential with effective the storage obligation" that "with the collection of location data of the daily routine of the mobile phone users can be completely returned" and that the Internet usage with the data retention "contrary to the statements in the legislative procedure [… ] Can be completed complete "because technically restricted," which websites or services were used ".


Legally, among other things, they are based on the necessary mafes, which the ECJ has invested in its reliability conference of the EU Directive on data retention, and a so-called monitoring examination, which was the six years ago "increase in data collection laws with surveillance tendency" as a result of the last federal surveillance decision, "The dramatic growth of the actual use of monitoring technology" in the relation mabigation assessment.

In addition, many complainants assert that they are particularly affected as lawyers, physicians, clergy or journalists, because duties such as mandate secrecy, medical secrecy and source protection can only be guaranteed more conditionally. For the laws of complainants, Meinhard Starostik, which was successful in 2010 with his long-term complaint against the first data retention, JULIA Hesse from the FDP Near Club Load and Rolf Gossner from the International League for Human Rights.

"Criminal knowledge to bypass the monitoring, all others are provided under general suspicion"

Gossner, who was also on board at the 2010 successful complaint, believes that "also the more restrictive Neufang […] against the human right to privacy" failed because it "itself without the content of the communication […] by the resulting and stored mass of sensitive meta- or. Connection data possible [is] to draw conclusions on the private life of a person, to create contact and motion profiles and to remove professional secrets ". Nevertheless, "Especially the experiences in France had shown that with the excessively used supply data mass storage could not be prevented from any of the heavy attacks". Complaints Padeluun from DigitalCourage also has an explanation of this failure: "Criminal knowledge to bypass the monitoring, all others are provided under general suspicion. The damaged massive constitutional state and democracy."

Doctoral lawyer, but no lawyer is former judge and current Schleswig-Holstein Pirate Party Member of Patrick Breyer from the working group Data retention. He argues that "a free society needs confidential and traceless digital communication" and that only "targeted investigations of the rule of law" are, during a "indiscriminate mass of overwit of supervision" is.

Breyers Former party friend Katharina Nocun from Whistleblower network acknowledges at the new data retention especially that they "massively risk the protection of whistles act in public interest". Democracy, in their view, needs "monitor-free rooms where Whistleblower can turn to salvage, advice centers and journalists to uncover misstatements".

An economic argument that the property protection is protected, Peer Heinlein controls from the mailprovider mailbox.org in: Consumers lose their words according to "by monitoring the confidence in German providers", which, together with the costs incurred for the data retention in their existence, can be dangered when they are smaller companies.

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