Vorratsdatenspeicherung

“Reservoir data storage,” “advance data saving,” now also being called dragnet e.g. surveillance + storage. When a government collects and saves people’s personal communication data in advance, without cause, before needing the data.

Germany is in trouble with the EU for not implementing the EU rule that telecommunications data should be collected without cause and saved for six months. German Interior Minister Hans-Peter Friedrich (CSU) supports the six-month EU plan but many other German parties and politicians do not. The German Supreme Constitutional Court found that the EU rule conflicts with German law.

Update on 18 Dec 2012: Spiegel-Online reports that more than 11,000 concerned Austrians, including telecommunications employees and Carinthian civil servants, have asked the Austrian constitutional court to postpone deliberating on Austria’s new data privacy law until the European Court of Justice can determine whether the EU rule violates basic human rights. By law, communications data in Austria have had to be saved for six months since 1 Apr 2012. The EU rule was passed in 2006. The Irish High Court asked the European Court of Justice to examine the rule in mid-July 2012, and it may happen in 2013.

Update on 12 Dec 2013: The European Court of Justice is examining the E.U. guideline requiring telecommunications companies to save customers’ data for “up to two years” in case they are suspected of committing crimes in the future. An expert opinion submitted by an E.U. Advocate General to the court found the two-year dragnet data storage guideline conflicts with the E.U. Charter of Fundamental Rights. ARD tagesschau.de moderator Jan Hofer said the court usually follows such expert opinions.

Update on 08 Apr 2014: The European Court of Justice overturned the E.U.’s 2006 guideline requiring mandatory dragnet surveillance and recording of all electronic phone and internet data because it violates fundamental human rights [Grundrechte].

(FORE rots DOT en shpy cher oong.)

3 thoughts on “Vorratsdatenspeicherung

  1. Pingback: EU-Datenschutzreform | German WOTD

  2. Pingback: “Niedrige Beweggründe” | German WOTD

  3. Pingback: “Wer Grundrechte einschränkt, ist beweispflichtig.” | German WOTD

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