Fear court: state access to inventory data must be limited

Fear court: State access to inventory data must be limited

The state accessibility on personal data of mobile phone and internet users for law enforcement and terrorist defense go too far. The federal scarf court explained several regulations on the so-called inventory data information for advanced, the court shared in karlsruhe. ยง 113 of the telecommunications act (tkg) and several specialist laws of the confederate, which regulate the manual inventory data information, are strangweight, struggled to the decision: "they violate the complainant owners of telephone and internet connections in their fundamental rights for informational self-determination as well as for the preservation of telecommunications secrecy."

The federal scarf court in karlsruhe set in his decision (1 bvr 1873/13 -, rn. 1-275) that the currently practiced retrieval of the inventory and billing data stored in telecommunications companies as well as pin numbers by criminal formers and intelligence services against the informational self-determination and the general personality right.

The complaint of the pirate politician patrick breyer and his former katharina nocun colleague had addressed himself against a 2007 prere of the committal court before. The decision of the karlsruher richter at the same time constitutes the provisionally adopted regulation on the inventory information in the law against hasskriminalitat.

Inventory data information in compliance with the laws

As early as 2013, breyer and nocun had appealed the appeal made today against the inventory data information provided in article 113 tkg. Breyer underlined that the state of the state on communication data with judicial arrangement and the explanation of heavy crimes or to the defense of dangers for important rights is undisputed, especially against the background of the toning tone in the net. "The law for inventory data information is far beyond", says breyer. "It already recognizes ordinants, applies to intelligence services, people who are not a criminal offense."

That’s the first senate. The ie of information about inventory data is fundamentally permissible, succeeded by the senate. The legislature must have "both for the transmission of the inventory data by the telecommunications providers as well as for the retrieval of this data by the resistant legislation." conventions and retrieval arrangements had to limit the uses of the data sufficiently and adapt the depth of engagement into the privacy to the respective facts. Also the possibilities for those affected to defend themselves judicially against the measures must be balanced.

"The conditions mentioned were largely not met by the attacked rules", now judges the senate. In the incubator you have "repeatedly determined that information about access data may only be granted if the legal requirements are given for their use."

With the provisions of the tkg in progress, the corresponding polling regulations in the federal criminal office act (bkag), in the federal police law, in the customs lawnditional act, in the federal scaled protection act, in the bnd law and the mad law. These "also do not enjoy the beginning of the precursive requirements", so the judge.

Although the karlsruhe richter intervened that the retrieval regulations have created a certain amount of certain and standards-related specific realizement bases. With a view to your intervention weight, however, the relation "mostly" unavailable. For example, "collection controls that make available to retrieve inventory data on the basis of dynamic ip addresses, in addition to a sufficient limitation of the uses also provide a comprehensible and retrievable documentation of the decision-making basis of the call". Also there the legislator.

No mass access for intelligence services and danger

The judges also emphasized that it is precisely looking at the intelligence access, or access for security "in principle, a concrete risk and prosecution of an initial suspension in individual cases" take. Breyer and nocun had warned in their complaint that not least through the conditions for telecommunications providers, a technical interface would be encouraged to promote a mass retrieval. In this argument, the burgerechtler also saw himself by the opinion of the then federal commissioners for privacy, andrea vobhoff, and other data protections.

Vobhoff had warned that the right to information of the resistances was virtually undemand. The increase of manual queries by the bka from good 2000 in 2013 to 17 and afterwards.428 inquiries 2017 with continued growing tendency and a high number of dark figure confirmed the worries of the complaints.