Data retention: Union and SPD are planning controversial measures!
Data retention: Union and SPD are planning controversial measures!
The new government coalition from the Union and SPD plans to significantly expand the powers of the security authorities in Germany. At the center of these efforts is the introduction of a three-month data retention of IP addresses and port numbers. This is part of the coalition agreement, which addresses the persistent debate about data retention, data protection rights and security policy in Germany. In view of the fact that there is currently no data retention in Germany, this measure is in a tension between the needs of security and the requirements of data protection, such as Tagesschau.de
The planned data retention would affect the storage of connection data such as phone calls, emails and internet use. However, it is important to emphasize that the content of communication should not be saved. The responsibility for storage was with private telecommunications companies that must provide this data for a limited period of time. Access by state authorities would only be possible under strict conditions. Historically, a law on data retention in 2010 was canceled by the Federal Constitutional Court, which raises questions about the legality and feasibility of the new suggestions.
European Court of Justice and the latest judgments
A decisive judgment of the European Court of Justice (ECJ) of April 30, 2024 re -lived up the debate about data retention. The ECJ declared the data retention of IP addresses to combat crimes for all crimes as permitted and not just for serious offenses. This is in a strong contrast to previous regulations, which only allowed such storage in serious crimes such as child pornography. The case that led to this decision concerned illegal files sharing in France, and the judgment illustrates the challenges associated with the anonymity on the Internet, such as data protection Notice.
The ECJ also found that the general data retention of IP addresses does not constitute a serious interference with fundamental rights, as long as no specific conclusions about the private life of the citizens can be drawn. The storage must be limited and proportionate. In addition, every storage requires a judicial review of interventions in private life, which further influences the requirements for the planned new regulation in Germany.
criticism and resistance
critics fear that the measures for data retention could lead to a loss of anonymity on the Internet. The working group against data storage and civil rights organizations express concerns about the effects on privacy and warn of possible surveillance. Holger Münch, the head of the Federal Criminal Police Office,, on the other hand, speaks out for storage, in particular on the persecution of crimes in the field of sexual violence against children.
The current situation is characterized by differences within the coalition. While Federal Interior Minister Nancy Faeser (SPD) supports the securing of IP addresses, parliamentary State Secretary Benjamin Strasser pleads for a "quick-freeze" approach, in which data is only collected in the event of a specific suspicion. The inconsistent positions within the coalition could make a quick implementation of the proposals and, if necessary, legal challenge, which could result in a binding clarification of the regulation for data retention, as can also be determined, as well as DetailsOrtFrankreich, LandQuellen
Kommentare (0)