Matthias Bäcker (legal scholar)

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Matthias Bäcker (* 1975 ) is a German legal scholar. He is Professor of Public Law at Johannes Gutenberg University Mainz .

Life

After graduating from the Friedrich-Wilhelm-Gymnasium in Cologne in 1994, Bäcker studied law at the Albert-Ludwigs-Universität Freiburg , the Humboldt-Universität Berlin and at King's College London . He passed his first state examination in law in 2000, and then did a Master of Laws (LL.M.) in European law in 2001 . In 2003, he was the second state examination and was in 2007 at the University of Hamburg Dr. iur. PhD . From July 2008 to September 2014 he was junior professor for public law at the University of Mannheim and was then appointed to the W2 chair for constitutional and administrative law in Munich . From 2015 he was a university professor (W3) for public law, in particular public information law, data protection law and regulatory law at the Karlsruhe Institute of Technology (KIT). Since October 2016 he has been a university professor for public law and information law, in particular data protection law, at Johannes Gutenberg University Mainz .

Expertise

Bäcker is an expert in constitutional law and was a research assistant at the Federal Constitutional Court with Wolfgang Hoffmann-Riem and Johannes Masing from 2006 to 2008 .

He has been appointed as an expert by the German Bundestag several times: in 2012 by the Interior Committee on the proposals of the EU Commission on data protection and in 2013 on the federal government's draft law on the new regulation of data information . Together with Hoffmann-Riem and Hans-Jürgen Papier , he was invited as an expert by the NSA investigative committee in 2014 and wrote an expert opinion on Article 10 law for them . In his opinion, there was no legal basis for tapping international communications.

In May 2016, Bäcker filed an administrative court action against the data retention as an agent for the telecommunications company SpaceNet . An urgent application filed at the same time was successful before the Higher Administrative Court in North Rhine-Westphalia . This led to the temporary suspension of data retention by the Federal Network Agency . The main proceedings are currently pending before the Federal Administrative Court , which suspended the proceedings and referred the question to the European Court of Justice as to whether data retention is in accordance with Union law.

In November 2016, as agent for the Society for Freedom Rights and Amnesty International , he filed a constitutional complaint against the new version of the Article 10 Act that had been passed by the Bundestag shortly before.

Together with Bijan Moini , he obtained the judgment of the Federal Constitutional Court on the international-foreign telecommunications investigation of the Federal Intelligence Service on May 19, 2020.

Publications

  • Defense against terrorism by the Federal Criminal Police Office. Duncker & Humblot, 2009.
  • Freedom of competition as a basic right shaped by standards. A dogmatic redefinition using the example of the competitor's right of defense against a subsidy. Nomos, 2007.
  • "The Confidentiality of Internet Communication". In: Hartmut Rensen, Stefan Brink (ed.): Lines of the case law of the Federal Constitutional Court. Walter de Gruyter, 2009, pp. 99-136.

items

  • On the illegality of the source telecommunications monitoring on the basis of § 100a StPO. Online journal for highest judicial rulings on criminal law HRRS issue 10/2009, p. 433 ff.

Web links

Individual evidence

  1. ↑ EU data protection proposals encountered contradictions in the text archive of the German Bundestag; Retrieved June 2, 2014
  2. ↑ Planned information regulation among experts controversial in the text archive of the German Bundestag; Retrieved June 3, 2014
  3. ^ Opinion on the hearing of the NSA committee of inquiry on May 22, 2014 ; PDF document in the archive of the German Bundestag, accessed on June 2, 2014
  4. ↑ A report for the NSA investigation committee considers the wiretapping practice of the BND to be unconstitutional . Mirror online
  5. ↑ heise online: Spacenet and eco are suing the administrative court against the data retention. Retrieved June 19, 2020 .
  6. ↑ Higher Administrative Court for the State of North Rhine-Westphalia: Data retention contrary to Union law. Retrieved June 19, 2020 .
  7. ↑ LTO: Federal Network Agency suspends data retention. Retrieved June 19, 2020 .
  8. ↑ Press release No. 66/2019 | Federal Administrative Court. Retrieved June 19, 2020 .
  9. ↑ n-tv news television: Constitutional Court examines BND rights: Amnesty sues against surveillance law . In: n-tv.de . ( n-tv.de [accessed on November 26, 2016]).
  10. ↑ Federal Constitutional Court - What is the Federal Intelligence Service allowed to do? Accessed January 17, 2020 (German).
  11. ↑ Federal Constitutional Court - Press - Abroad-Abroad telecommunications intelligence according to the BND Act violates fundamental rights of the Basic Law in its current form. Retrieved May 22, 2020 .
personal data
SURNAME Baker, Matthias
BRIEF DESCRIPTION German legal scholar
DATE OF BIRTH 1975