Germany
ECJ overturns data retention
Data retention has occupied courts for years and divided opinion. The ECJ is now deciding on the controversial regulation. photo
© Jens Büttner/dpa-Zentralbild/dpa
The highest EU court sets strict limits on data retention without cause. The German regulation, which has not yet been applied, violates EU law. A work order for the traffic light coalition?
After the judgment of the highest EU court on German data retention, the FDP and the Greens feel confirmed in their position. The European Court of Justice (ECJ) declared on Tuesday that the currently suspended regulation on data retention is incompatible with EU law (C-793/19 and C-794/19). Justice Minister Marco Buschmann (FDP) described the decision as historic and spoke of a “good day for civil rights”.
“We will now quickly and finally remove data retention without cause from the law,” he tweeted after the verdict was announced. The judgment of the European Court of Justice is “another harsh smack” for the advocates of the storage of data without cause, who have not yet succeeded in presenting a constitutional regulation, according to the Greens in the Bundestag. Instead of constantly discussing new powers of intervention, a “monitoring accounts” must finally be launched.
It remains to be seen whether the entire traffic light is in agreement. SPD Interior Minister Nancy Faeser was recently open to greater powers for the security authorities.
The deputy chairwoman of the Union faction, Andrea Lindholz (CDU), called on the federal government to quickly submit a draft law. “The judgment allows for a limited obligation to store IP addresses to combat child sexual abuse,” said the legal politician.
ECJ remains true to its line
The highest EU court decided on Tuesday that the communication data of all citizens should not be stored without reason. A targeted and temporary storage of the data is only possible in the event of a serious threat to national security. To combat serious crime, it may also be possible to retain IP addresses.
According to the judges, the German regulation can allow very precise conclusions to be drawn about the private life of the person – for example about habits of daily life or the social environment. This allows a profile of these people to be created. According to the judges, this is an encroachment on fundamental rights that requires a separate justification. The ECJ thus remains true to its line. In recent years, the highest EU court has repeatedly overturned or severely restricted national data retention regulations.
Plaintiff satisfied with verdict
SpaceNet AG, which had brought the lawsuit, welcomed the verdict: “After six years of proceedings, we are glad that the issue of data retention has finally been clarified. Now there is legal certainty again for the Internet industry, our customers and all citizens,” said the board of directors SpaceNet AG, Sebastian von Bomhard.
The digital association Bitkom was also pleased: “It makes no sense to continue working on this instrument of storage of connection data without cause. Politicians are called upon to use other, legally compliant options for digital forensics,” said CEO Bernhard Rohleder.
The national chairman of the police union, Jochen Kopelke, demanded that two things should be taken into account during the deliberations of the traffic light government on a successor regulation for data retention: The extent to which data is handed over to the investigating authorities should not be left to the discretion of the telecommunications provider. In addition, a short storage period drastically limits the usefulness. He said: “A legally compliant storage of traffic data that works in everyday police work is, so to speak, practiced victim protection and optimized criminal prosecution.”