Court: No survelliance in Germany
BERLIN (AP) - February 27, 2008 The Karlsruhe-based Federal Constitutional Court said in a
precedent-setting decision that data stored or exchanged on a
personal computer is effectively covered under principles of the
constitution that enshrine the right to personal privacy.
"Collecting such data directly encroaches on a citizen's
rights, given that fear of being observed ... can prevent
unselfconscious personal communication," presiding judge
Hans-Juergen Papier said in his ruling.
While the ruling directly addressed a state law that had widely
permitted authorities to monitor criminal suspects' personal
computer use, it also set out the ground rules for a hotly disputed
federal law governing secret services' ability to use virus-like
software to monitor suspected terrorists' online activity.
"Given the gravity of the intrusion, the secret infiltration of
an IT system in such a way that use of the system and its data can
be searched can only be constitutionally allowed if clear evidence
of a concrete threat to a prominent object of legal protection
exists," Papier said.
Authorities would be allowed to spy on suspects' computers using
virus software in exceptional cases, according to the ruling.
However, any such action must have the approval of a judge.
Interior Minister Wolfgang Schaeuble welcomed the ruling, saying
his ministry would refer to the clause allowing surveillance in
specific cases in preparing new legislation to guide Germany's
national intelligence services. A previous proposal to use the
technology to fight terror and investigate a range of crimes met
with sharp criticism from civil rights groups and opposition
politicians.
"We expect that with a decision from the court we'll get a
wider acceptance of the law than when it was just the Interior
Minister saying the same thing," Schaeuble said.
"I hope that the insecurity felt by young people will be
tempered by this decision; it shows that our government ...
protects the people's rights."
Justice Minister Brigitte Zypries also welcomed the decision,
saying that it "strengthened the trust of citizens and the
economic system in the integrity and confidentiality of computer
systems."
The decision was lauded by the IT industry as well. Bernhard
Rohleder, head of the BITKOM association said the court's ruling
reflected their position.
"Now we have a basis for future debates on security and
information technology," Rohleder said.
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Associated Press Writer Cameron Abadi contributed to this
report.
