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German Data Retention Law Ruled Unconstitutional
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.
Now only if the rest of The West would follow suit.
Most ignorance is vincible ignorance. We don't know because we don't want to know. --Aldous Huxley
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. :/
In my story submission, I included a few more details. 35,000 citizens filed a class-action against this law and now after two years we finally see this law voided.
The "Bundesverfassungsgericht" has once again proven that is the most significant institution in Germany that protects citizens' constitutional rights - in this case the right of informational self-determination.
I wonder if this could cause conflict with EU ACTA negotiations. I would expect data retention would be necessary for much of the copyright legislation (eg 3 strikes and similar)
Forget thrust, drag, lift and weight. Airplanes fly because of money.
Although this ruling is what us IT guys would expect from any reasonable court, the fact of the matter is that judges know shit. The Chaos Computer Club worked their asses off providing expertise to the court, while also mobilizing the German IT scene and putting out pressure on opposing (governmental) parties. This is their success and I salute them. Guess I should get around to finally apply for membership myself...
blow your mind already
Posted this in the wrong place. But, yeah, good for you Germany!
SJW: Someone who has run out of real oppression, and has to fake it.
There can be only logical solution: Change the constitution.
Anyone taking bets that this will be the solution rather than to throw the unconstitutional domestic spying out the door?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
It's dangerous to praise a decision with political ramifications - something good can be twisted into something bad on the next iteration. Still and all, the language is encouraging, and poses the rhetorical question:
"How messed up is the US when we have to take cues on privacy laws from, of all people, the Germans?"
As another poster pointed out about informational self-determination, the Germans are discussing the implications of privacy. US courts are still diddling over whether privacy expectation is even "constitutional".
"...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.
Welcome to the Panopticon. Used to be a prison, now it's your home.
Soon all social networking networks will be based in Germany providing new jobs and revenue.
Undetectable Steganography? Yep, there's an app fo
See, the difference is that in Germany the people own their society and their politicians are accountable to the people. In North America, it is the opposite - the Corporate owns the politicians and the society, the people are just a mass of slaves.