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German Data Retention Law Ruled Unconstitutional

Posted by Soulskill on from the raise-a-stein dept.

mseeger writes "The German Federal Constitutional Court has ruled the country's current data retention law unconstitutional. All stored telephone and email communication data, previously kept for six months in case it was needed by law enforcement, now must be deleted as soon as possible. The court criticized the lack of data security and insufficient restrictions for access to the data. The president of the court said continuing to retain the data would 'cause a diffusely threatening feeling of being under observation that can diminish an unprejudiced perception of one's basic rights in many areas.' While it doesn't disallow data retention in general, the imposed restriction demands a complete reworking of the law." An anonymous reader contributes the Court's press release and more information on the ruling, both in German.

7 of 129 comments (clear)

  1. Great Precedent by wintercolby · · Score: 5, Insightful

    Now only if the rest of The West would follow suit.

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    Most ignorance is vincible ignorance. We don't know because we don't want to know. --Aldous Huxley
    1. Re:Great Precedent by The+Abused+Developer · · Score: 4, Insightful

      Because Romanians went trough the most atrocious dictator of the end of the century right in the middle of Europe - and they had to pay with thousands of lives and lots of blood for their freedom - the sad true is that only after experiencing on yourself slavery you learn to value the freedom.

  2. Pyrrhic victory? by Ihlosi · · Score: 4, Insightful

    Unfortunately, the explanations given by the Federal Constitutional Court can be read as an instruction manual on how to create a data retention law 2.0 that will pass the courts muster. Shouldn't take those politicians too long to come up with the new version. :/

  3. Re:All hail the Chaos Computer Club by Mindcontrolled · · Score: 4, Insightful

    The court is not supposed to know shit. The judges are supposed to listen to experts and form their opinion based upon that - and from reading the decision, I would say they indeed did. Everything working as intended. That aside, all hail the CCC!

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    Ubi solitudinem faciunt, pacem appellant.
  4. That's a terrific quote by idontgno · · Score: 5, Insightful

    "...a diffusely threatening feeling of being under observation... can diminish an unprejudiced perception of one's basic rights in many areas."

    ^^ This.

    Someone gets it.

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    Welcome to the Panopticon. Used to be a prison, now it's your home.
  5. Re:All hail the Chaos Computer Club by saibot834 · · Score: 4, Insightful

    Don't say they know shit. They knew enough to know that their expertise didn't suffice and that's why they invited specialists (including the CCC which of course loved to help). They've carefully heard this case for two years and now they've come to an excellent decision.
    The Federal Constitutional Court did exactly the right thing, that's what is important. It's not their job to know everything about computers and technical measures of data retention. Remember the /. story of a judge who didn't know what the Internet was and had it explained to him before he judged? You don't have to know everything, you just have to know when you should educate yourself.

  6. Re:Unenviable comparison by rbarreira · · Score: 4, Insightful

    > of all people, the Germans

    What do you mean? Germany is one of the best countries in terms of privacy protection.

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    The AACS key is NOT 0xF606EEFD628B1CA427BEA93A9CA9773F