German Court curbs Data Storage Law
Posted on Wed, 19 Mar 2008 08:06:06 CDT | by Luigi Lugmayr
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By Diana Niedernhoefer
KARLSRUHE, Germany (Reuters) - Germany's top court curtailed a law on Wednesday
requiring telecom firms to store phone and Internet data for six months, dealing
a new blow to the government's efforts to beef up anti-terrorism measures.
Opposition politicians, civil liberties campaigners and many citizens had
opposed the law, a divisive issue in a country haunted by memories of domestic
spying by Hitler's Gestapo and communist East Germany's Stasi secret police.
A reaction to bomb attacks in Madrid and London in the last few years, the law
obliges telecom firms to keep a record of who contacted whom, and the time and
location of calls.
The Federal Constitutional Court ruled data may be stored, but details may only
be transferred to investigators in the event of inquiries into serious crime.
The decision was the latest in a series of rulings against tighter security
measures introduced by Chancellor Angela Merkel and previous governments and it
drew praise from civil liberty campaigners who want greater data protection and
privacy rights.
"The grand coalition (of Merkel's Christian Democrats and Social Democrats)
should finally draw the lesson of these verdicts and stop crossing the limits of
constitutionality on citizen rights," said Claudia Roth from the Greens party.
Joerg van Essen from the opposition FDP called on the government to "finally
turn its back on ever-increasing preventive policies and turn towards an
interior and legal policy conscious of basic rights."
In 2004, judges ordered the government to tighten rules for bugging homes. Two
years later, the court threw out a law meant to prevent mass casualties in
potential September 11-style attacks by allowing the shooting down of hijacked
planes.
In 2006, the court also set strict limits on the ability of police to trawl
electronic databases at random in search of possible terrorists. It said general
data trawling was only lawful if there was a concrete threat to Germany or one
of its regions, or a danger to human life or freedom.
The court said earlier this year domestic security services were allowed to
monitor computers of suspected criminals, but only if they had evidence showing
they were dangerous.
Separately, the judges also said police were no longer allowed to register large
numbers of car number plates at random and compare them with records. The
measure must be restricted to concrete threats or to areas with high crime
rates.
(Writing by Kerstin Gehmlich; Editing by Michael Winfrey)
© Copyright 2007 Reuters.
Posted on Wed, 19 Mar 2008 08:06:06 CDT | by Luigi Lugmayr
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