Data retention in Germany is “entirely illegal and therefore inapplicable,” explains Marco Buschmann. The SPD parliamentary group deputy contradicts – and criticizes the FDP Minister of Justice.
The deputy chairman of the SPD parliamentary group, Dirk Wiese, believes that a legally compliant regulation on data retention is still possible even after the recent decision of the Federal Administrative Court.
At the same time, he criticized Federal Justice Minister Marco Buschmann (FDP), who had interpreted it as an argument for the “quick freeze procedure” he favored. Wiese told the German Press Agency: “It really surprises me how some people in Berlin have read the Federal Administrative Court’s decision and even see it as a complete rejection of targeted IP address storage.”
Finally, the European Court of Justice (ECJ) stated that traffic and location data may well be stored generally and indiscriminately. This applies when it comes to protecting national security, combating serious crime or preventing serious threats to public security. “A justice minister cannot hide this from the public if he instead praises the inadequate quick-freeze procedure from his own company,” said Wiese. He added that if you don’t save anything, you can’t freeze anything.
Kuhle: End of blanket monitoring
The Federal Administrative Court had classified the unfounded and comprehensive data retention as being completely contrary to European law. The decision published on Thursday was based on complaints from two telecommunications companies. Due to legal uncertainties, the regulation has no longer been used since 2017. The court held that there was no strict limitation to the storage of traffic and location data for the purpose of protecting national security. Although IP addresses may be stored to combat serious crime and prevent serious threats to public safety, this is not clearly stated in the Telecommunications Act.
FDP parliamentary group deputy Konstantin Kuhle warned on Saturday against “continuing to ride a dead horse” and called for legal clarity to be ensured now. “The data retention without cause has failed several times in court. The end of this blanket surveillance of all citizens is not premature, but more than overdue,” he told the German Press Agency. The legislature should give investigators the opportunity to store data on an ad hoc basis and thus protect fundamental rights. With the so-called quick freeze approach, prosecutors could be given a constitutional instrument.
Buschmann and Federal Interior Minister Nancy Faeser (SPD) have been at loggerheads on the issue for months. Faeser and other proponents of a new, more specific regulation on data retention primarily cite the persecution of sexual abuse of children and young people as an argument. If relevant images are distributed online, the IP address is often the only clue to identifying the perpetrator.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
