Tuesday, March 2, 2010

No, the Government MAY NOT Collect Data on Telecommunications in General

Today, the German Supreme Court ruled that a law mandating all telecommunications firms to store data on ALL connections (telephone, mobile, internet, email) of ALL users for 6 months to be available to government agencies at their will is UNCONSTITUTIONAL, violates the rights to privacy of the individual, stands in no proper relationship to efforts to combat crime &/or terrorism because too general, and is therefore NULL AND VOID. All data that has been collected and stored must be destroyed IMMEDIATELY. A proper law detailing who has access to whose information for what specific purposes of law enforcement and terrorism prevention may be permissible, in accordance with EU guidelines, the court added, but the current law is sloppy, too general, and does not properly balance individual rights against security concerns. There was NO transition period allowed; the law has been stricken from the books and may not be used. Only with passage of a new and proper law is any such collection of data perhaps possible, but the court has made clear that this must properly weigh the individual's right to privacy of his data. Below, a short video of the Justices announcing the decision, in itself interesting for the formality of such a procedure here.

No comments:

Post a Comment