Germany sticks to its telecommunication data retention plans
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Although concerns have been expressed by the scientific services of the
German Parliament’s lower chamber on the implementation of the EU directive
on data retention, the Ministry of Justice continues with its work
on a draft bill in this matter.
Doubts have been expressed by the scientists on the compatibility of the EU
directive with the fundamental privacy rights recognized by the EU and
especially in relation to the German Constitution, which
guarantees the citizens the right to privacy.
The choice of procedure – the data retention directive was initially
submitted as a framework decision, but withdrawn since it would not get
unanimity of votes – has been questioned as usually such a procedure is
chosen with the purpose of harmonizing legal and administrative provisions
to ease up the operation of a single market.
The doubts expressed by the scientists were also related to the
implementation of the directive into the German legislation in “a
constitutional manner” mainly in connection with the 6 months period of data
retention decided by the European Commission as the minimum period that
would help in combating terrorism. One of the reasons for concern was that
the EU directive gives freedom to the Member States to pile up large amounts
of data over long periods of time even in cases of milder crimes.
However, the Federal Ministry of Justice affirmed that the
bill could meet both the requirements of the EU and German legislation,
without contradicting the German Federal Constitution. Klaus-Uwe Benneter, a
member of the Bundestag, stated the act could be drafted so as to comply
with the provisions of Germany’s constitution, reminding that it was up the
each state to create a balance between “data protection and the protection
New doubts about the legality of telecommunications data retention(17.08.06)
Federal Ministry of Justice to stick with its plans for telecommunications
data retention (24.08.06)
EDRI-gram: German Parliament rejects motion against data retention
EDRI-gram: Data Retention faces growing opposition in Germany (24.05.06)