Menu
Germany will make telcos share customer data with the police

Germany will make telcos share customer data with the police

Despite two previous laws having been ruled unconstitutional, data retention is back in Germany

Even as the European Union attempts to tighten privacy laws, law-enforcement interests have won a battle in Germany: a new law forces communications service providers there to once again make data about their customers' communications available to police.

On Friday morning, the German parliament approved a law requiring ISPs and mobile and fixed telecommunications operators to retain communications metadata for up to ten weeks.

The country has had an on-again, off-again affair with telecommunications data retention, first introducing a law requiring it in 2008 to comply with a European Union directive.

The German Federal Constitutional Court overturned that law in March 2010 after finding it conflicted with Germany's privacy laws, prompting the European Commission to take the country to court in May 2012 to enforce the directive.

In April 2014, it was the turn of the EU's highest court, the Court of Justice of the EU, to overturn the directive itself on the grounds that it, too, interfered with fundamental privacy rights.

The CJEU has also just overturned the so-called Safe Harbor agreement between the Commission and U.S. authorities on the transfer of private personal data to the U.S. because the agreement did not provide Europeans with sufficient privacy protection from U.S. law enforcement.

The CJEU's and the Constitutional Court's previous decisions didn't discourage German lawmakers from reintroducing the requirement for service providers to conserve the connection data of all their customers, though.

There's a ten-week limit for information about who called whom and when, which IP addresses were attributed to whom and when, and who sent SMS text messages to whom. A four-week limit applies to the location from which an SMS was sent. The content of communications is not stored, and email is exempt from the law.

The German parliament plans to review the law once there is sufficient statistical information about its effectiveness in reducing crime.


Follow Us

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags surveillance

Featured

Slideshows

Reseller News kicks off awards season in 2019 with Judges' Lunch

Reseller News kicks off awards season in 2019 with Judges' Lunch

The 2019 Reseller News Innovation Awards has kicked off with the Judges Lunch in Auckland with 70 judges in the voting panel. The awards will reflect the changing dynamics of the channel, recognising excellence across customer value and innovation - spanning start-ups, partners, distributors and vendors. Photos by Christine Wong.

Reseller News kicks off awards season in 2019 with Judges' Lunch
Reseller News welcomes industry figures for 2019 Hall of Fame lunch

Reseller News welcomes industry figures for 2019 Hall of Fame lunch

Reseller News welcomed 2018 inductees - Chris Simpson, Kendra Ross and Phill Patton - to the third running of the Reseller News Hall of Fame lunch, held at the French Cafe in Auckland. The inductees discussed the changing landscape of the technology industry in New Zealand, while outlining ways to attract a new breed of players to the ecosystem. Photos by Gino Demeer.

Reseller News welcomes industry figures for 2019 Hall of Fame lunch
Upcoming tech talent share insights at inaugural Emerging Leaders Forum 2019

Upcoming tech talent share insights at inaugural Emerging Leaders Forum 2019

The channel came together for the inaugural Reseller News Emerging Leaders Forum in New Zealand, created to provide a program that identifies, educates and showcases the upcoming talent of the ICT industry. Hosted as a half day event, attendees heard from industry champions as keynoters and panelists talked about future opportunities and leadership paths and joined mentoring sessions with members of the ICT industry Hall of Fame. The forum concluded with 30 Under 30 Tech Awards across areas of Sales, Entrepreneur, Marketing, Management, Technical and Human Resources. Photos by Gino Demeer.

Upcoming tech talent share insights at inaugural Emerging Leaders Forum 2019
Show Comments