German Data Retention Law Ruled Unconstitutional 129
mseeger writes "The German Federal Constitutional Court has ruled the country's current data retention law unconstitutional. All stored telephone and email communication data, previously kept for six months in case it was needed by law enforcement, now must be deleted as soon as possible. The court criticized the lack of data security and insufficient restrictions for access to the data. The president of the court said continuing to retain the data would 'cause a diffusely threatening feeling of being under observation that can diminish an unprejudiced perception of one's basic rights in many areas.' While it doesn't disallow data retention in general, the imposed restriction demands a complete reworking of the law."
An anonymous reader contributes the Court's press release and more information on the ruling, both in German.
Great Precedent (Score:5, Insightful)
Pyrrhic victory? (Score:5, Insightful)
Unfortunately, the explanations given by the Federal Constitutional Court can be read as an instruction manual on how to create a data retention law 2.0 that will pass the courts muster. Shouldn't take those politicians too long to come up with the new version. :/
Re:All hail the Chaos Computer Club (Score:5, Insightful)
That's a terrific quote (Score:5, Insightful)
"...a diffusely threatening feeling of being under observation... can diminish an unprejudiced perception of one's basic rights in many areas."
^^ This.
Someone gets it.
Re:All hail the Chaos Computer Club (Score:5, Insightful)
Don't say they know shit. They knew enough to know that their expertise didn't suffice and that's why they invited specialists (including the CCC which of course loved to help). They've carefully heard this case for two years and now they've come to an excellent decision. /. story of a judge who didn't know what the Internet was and had it explained to him before he judged? You don't have to know everything, you just have to know when you should educate yourself.
The Federal Constitutional Court did exactly the right thing, that's what is important. It's not their job to know everything about computers and technical measures of data retention. Remember the
Re:Unenviable comparison (Score:5, Insightful)
> of all people, the Germans
What do you mean? Germany is one of the best countries in terms of privacy protection.
Re:Unenviable comparison (Score:2, Insightful)
To find bad shit in the US you can just look at now, why bother going back :)
Re:Pyrrhic victory? (Score:2, Insightful)
Re:Great Precedent (Score:4, Insightful)
Re:Unenviable comparison (Score:3, Insightful)
You don't know shit. Germany was the first country to give itself a significant set of laws about protection of personal data, nearly fourty years ago. Other European countries followed and this led, for the EU, to Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data [wikipedia.org].
Re:The Free World or the Corporate World (Score:2, Insightful)
I mean, no one seriously opposes health care insurance. That is just a crazy mind reform in the States which makes the scum defend the economical interests of the upper percentile.
I oppose health care insurance being handled by the Fed. I have absolutely no problem with individual states having their own "public options" and such. Hell, if it worked well in one state I would want it in my state. Get it done right in one state, and it will spread like wildfire throughout the union.