German Court- and Constitutionality of Data Retention Laws
This may be of interest to some listers.Regards, Leonard Obura Aloo German high court: law ordering phone, e-mail traffic data retention violates constitution MELISSA EDDY Associated Press Writer 5:23 AM EST, March 2, 2010 BERLIN (AP) — Germany's highest court on Tuesday overturned a law allowing authorities to retain data on telephone calls and e-mail traffic for help in tracking criminal networks. A law ordering data on calls and e-mail exchanges be retained for six months for possible use by criminal authorities violated Germans' constitutional right to private correspondence and must be revised, the Federal Constitutional Court ruled. In its ruling, the court said the law failed to sufficiently balance the need for personal privacy against that for providing security, although it did not rule out data retention in principle. "The disputed instructions neither provided a sufficient level of data security, nor sufficiently limited the possible uses of the data," the court said. Nearly 35,000 Germans had appealed to the court to overturn the law, which stems from a 2006 European Union anti-terrorism directive requiring telecommunications companies to retain phone data and Internet logs for a minimum of six months in case they are needed for criminal investigations. The court upheld the EU directive, saying the problem lay instead with how the German parliament chose to interpret it. Under the German law, which went into effect Jan. 2008, information about all calls from mobile or landline phones was retained for six months, including who called whom, from where and for how long. The following year, that law was expanded to include the data surrounding all contact via e-mail. Although the laws forbid authorities from retaining the contents of either form of communication, they met with fierce opposition from civil rights groups. "Massive amounts of data about German citizens who pose no threat and are not suspects is being retained," Germany's commissioner for data security issues, Peter Schaar, told ARD's morning show. Experts argue the information is crucial to being able to trace crimes involving heavy use of the Internet, including tracking terror networks and pursuing child pornography. _______ Associated Press writer Verena Schmitt-Roschmann contributed to this report. http://www.fox43.com/business/sns-ap-eu-germany-data-retention,0,1005335.sto...
Thanks Aloo. The "Right to be Forgotten" as they say should indeed be a basic constitutional right. Waudo On Wed, 03 Mar 2010 00:57 -0800, "Leonard Aloo" <l_aloo@yahoo.com> wrote: This may be of interest to some listers. Regards, Leonard Obura Aloo German high court: law ordering phone, e-mail traffic data retention violates constitution MELISSA EDDY Associated Press Writer 5:23 AM EST, March 2, 2010 BERLIN (AP) — Germany's highest court on Tuesday overturned a law allowing authorities to retain data on telephone calls and e-mail traffic for help in tracking criminal networks. A law ordering data on calls and e-mail exchanges be retained for six months for possible use by criminal authorities violated Germans' constitutional right to private correspondence and must be revised, the Federal Constitutional Court ruled. In its ruling, the court said the law failed to sufficiently balance the need for personal privacy against that for providing security, although it did not rule out data retention in principle. "The disputed instructions neither provided a sufficient level of data security, nor sufficiently limited the possible uses of the data," the court said. Nearly 35,000 Germans had appealed to the court to overturn the law, which stems from a 2006 European Union anti-terrorism directive requiring telecommunications companies to retain phone data and Internet logs for a minimum of six months in case they are needed for criminal investigations. The court upheld the EU directive, saying the problem lay instead with how the German parliament chose to interpret it. Under the German law, which went into effect Jan. 2008, information about all calls from mobile or landline phones was retained for six months, including who called whom, from where and for how long. The following year, that law was expanded to include the data surrounding all contact via e-mail. Although the laws forbid authorities from retaining the contents of either form of communication, they met with fierce opposition from civil rights groups. "Massive amounts of data about German citizens who pose no threat and are not suspects is being retained," Germany's commissioner for data security issues, Peter Schaar, told ARD's morning show. Experts argue the information is crucial to being able to trace crimes involving heavy use of the Internet, including tracking terror networks and pursuing child pornography. _______ Associated Press writer Verena Schmitt-Roschmann contributed to this report. [1]http://www.fox43.com/business/sns-ap-eu-germany-data-retention ,0,1005335.story _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: emailsignet@mailcan.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman /options/kictanet/emailsignet%40mailcan.com References 1. http://www.fox43.com/business/sns-ap-eu-germany-data-retention,0,1005335.sto...
Leonard/Waudo, How ever is it possible to enforce data retention without infringing on privacy! Do we need to have choice even on matters of security. Locally I know quite a few times when the mobile providers have helped track car jackers and robbers using the retained call logs. My question therefore is how do we ensure that data is retained for appropriate use, do we turn them over to a central repository? On a light note: Do thieves have a right to steal? Rgds, Oloo Khisa Sent from my BlackBerry® -----Original Message----- From: "waudo siganga" <emailsignet@mailcan.com> Date: Wed, 03 Mar 2010 12:05:30 To: <emmanuel.khisa@kadet.co.ke> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] German Court- and Constitutionality of Data Retention Laws _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: emmanuel.khisa@kadet.co.ke Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/emmanuel.khisa%40kadet....
participants (3)
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emmanuel.khisa@kadet.co.ke
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Leonard Aloo
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waudo siganga