Patrick Breyer

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Patrick Breyer (2019)

Patrick Breyer (* 1977 ) is a civil rights activist and a German lawyer and politician for the Pirate Party Germany . From 2012 to 2017 he was a member of the state parliament in Schleswig-Holstein and from April 2016 until the end of the legislative period also chairman of the pirate group. In the 2019 European elections , Breyer was the top candidate of the Pirate Party Germany and entered the European Parliament .

Life

Patrick Breyer lives in Kiel . He studied law and in 2004 at the Johann Wolfgang Goethe University in Frankfurt am Main with the dissertation The systematic recording and provision of telecommunications traffic data for governmental purposes in Germany on the subject of data retention for Dr. jur. PhD. In 2004 he was appointed judge in Schleswig-Holstein . In 2006 he became a founding member of the Pirate Party Germany .

Political activity

Patrick Breyer 2013

Digital civil rights litigation

Breyer is involved in the data retention working group for data protection and civil rights and was involved in the organization of the successful class action against data retention together with the lawyer and later judge at the Constitutional Court of the State of Berlin Meinhard Starostik . In 2016 he again filed a constitutional complaint against the new law on data retention.

In 2012, in response to Breyer's complaint , the Federal Constitutional Court declared that some of the rules on stock data information were unconstitutional. Breyer and Katharina Nocun went to the Federal Constitutional Court against the new regulation, and in 2020 the Federal Constitutional Court also declared the reformed regulations to be unconstitutional. So far, without success, Breyer sued the European Court of Human Rights against the compulsory identification for prepaid SIM cards; In 2020, he and his lawyer brother called the Grand Chamber against this decision .

In 2012, Breyer filed a lawsuit against the EU Commission for the release of documents for data retention and prevailed in two instances.

In 2008, Breyer brought an action for an injunction before the Berlin-Tiergarten district court against the Federal Republic of Germany . The lawsuit was directed against the storage of IP addresses beyond the usage process when visiting web offers in the Federal Republic of Germany (so-called "surf logging"). This storage violates the Telemedia Act . After the local court dismissed the action with a judgment of August 13, 2008, the Berlin Regional Court partially granted the request with a judgment of January 31, 2013. Against the decision Breyer and the Federal Republic of Germany submitted revision one. In response to a submission by the Federal Court of Justice , the European Court of Justice ruled on October 19, 2016 that dynamically assigned IP addresses represent a personal date for the operator of a website if they can be assigned to the subscriber in the context of criminal proceedings. On May 16, 2017, the Federal Court of Justice ruled that dynamically assigned IP addresses are personal. Website operators are only allowed to save them if this is necessary in order to guarantee the general functionality of the services and not outweigh the interests and fundamental rights and freedoms of the users. The Federal Court of Justice referred the dispute back to the Berlin Regional Court.

In May 2018, Breyer filed a constitutional complaint against the Federal Police's new authority to mass-match license plates at border crossings. At the end of 2018 he announced that he would file a lawsuit against the number plate recognition as part of "Section Control" in Lower Saxony , and in March 2019 he filed the lawsuit with the organization "freiheitsfoo".

Breyer supported the lawsuit brought by a local politician against the President of the Landtag, Schlie, for information about which reports the parliamentary groups in the Schleswig-Holstein Landtag had commissioned from 2012 to 2017 and did not want to disclose even after the end of the electoral term. Although the state parliament restricted the information access law during the process, the state parliament president was convicted in the second instance because his position violated the state constitution.

Member of the Landtag Schleswig-Holstein

After the state elections in Schleswig-Holstein in 2012 , he received a mandate for the Schleswig-Holstein state parliament as a list candidate for the Schleswig-Holstein pirate party and was elected chairman of the state parliamentary group on May 21, 2012 . He held the chairmanship until the new election of the parliamentary group committee on May 21, 2013. Between November 2012 and April 2017, Breyer transferred dietary allowances totaling 75,159.18 euros to a donation account of the state of Schleswig-Holstein under the purpose of “lowering new debt”. He justified this, among other things, with the fact that only 1% of all taxpayers nationwide had an income comparable to that of parliamentary group leaders; There should be no first and second class members because of the group chairmanship.

In January 2013 Patrick Breyer criticized the fact that "the machine industry - especially around Mr. Gauselmann - has been smearing politicians from all established parties with large donations for years". Gauselmann had him warned about it ; Breyer did not issue a cease and desist declaration .

In the summer of 2014, Breyer published on his website by the Ministry of the Interior previously e-mailed police and judicial orders from danger areas in Schleswig-Holstein, within which unprompted police checks were permitted. The Interior Ministry in the comprehensive over 100 pages of documents name, business telephone numbers and e-mail addresses of the competent authorities, in police officers, some of which even in criminal Rocker milieu , insufficiently blackened determined. After the problem became known, Breyer publicly apologized for not properly reviewing the documents prior to publication and deleted the police records. He was criticized across parties. The police union filed a criminal complaint against Breyer. The public prosecutor's office did not initiate an investigation because there were insufficient actual indications of criminal offenses. The data protection officer Thilo Weichert objected in an expert opinion to the procedure of the Ministry of the Interior when sending the requested hazard area regulations in several points. The ministry was not effective and not completely redacted. It is at least questionable whether the documents classified as “ Only for official use ” ( VS-NfD ) actually had to be classified as such. An intentional confidential treatment should have been explicitly pointed out. When exercising his rights, the MP must also take into account confidentiality and the protection of secrets.

DPA wrote at the end of 2015 that Breyer had been “by far the hardest-working parliamentarian” in the electoral term of the Schleswig-Holstein state parliament that began in 2012.

On February 17, 2016, Breyer awarded the green-red-blue coalition an “ostrich prize for extraordinary achievements in delaying important reforms in our country”. During the plenary debate, the SPD chairman Ralf Stegner was presented with an ostrich rag doll. Breyer accused the coalition of preventing “repeated decisions by the state parliament on uncomfortable reform initiatives” by the pirate faction, including the introduction of a waiting period for ministers to switch to the economy. State parliament president Klaus Schlie (CDU) issued a reprimand to Breyer.

On April 12, 2016, Breyer was re-elected parliamentary group leader.

In May 2016, Breyer uncovered allegations in Eutin-trained female police officers that male classmates had behaved in an openly misogynistic, sexist and racist manner and that the Ministry of the Interior remained inactive despite its knowledge (so-called "Whatsapp affair"). As a result of the revelations, a police student was not accepted into the service. The head of the police department as the superior resigned. A parliamentary committee of inquiry was set up.

In autumn 2016, Breyer became the top candidate for the Schleswig-Holstein Pirate Party for the state election.

In December 2016 and February 2017, Breyer criticized the state parliament that the head of the state audit office and the state constitutional court had been filled by the other parties without a public tender according to party proportional representation. The President of the Landtag, Schlie , called him to order and cut him off. Breyer turned on the state constitutional court of Schleswig-Holstein . On May 17, 2017, it declared Schlie's intervention to be unconstitutional. On March 27, 2017, Breyer received the backbone award of the Horst-Lütje-Foundation, endowed with 1,000 euros .

In May 2017, Breyer uncovered allegations by detectives that exonerating statements in criminal proceedings against rockers had been suppressed in the state criminal investigation department and that criticism had been reacted to with bullying ("rocker affair"). After the revelations, the head of the police department in the Ministry of the Interior and the heads of the State Criminal Police Office and the State Police Office resigned. A parliamentary committee of inquiry was set up to deal with the issue .

In the state elections in 2017, the Pirate Party received 1.2% of the vote and did not move into the state parliament. That ended Breyer's mandate.

In December 2017, Breyer, as a confidante of the “People's Initiative for Co-Determination”, handed over 20,000 signatures to the state parliament. In May 2018, Breyer, as a confidante of the “People's Initiative for the Protection of Water”, which calls for a legal ban on fracking , handed over 42,000 citizens' signatures to the state parliament president.

European elections 2019

In the 2019 European elections , Breyer was the top candidate of the Pirate Party Germany . For the election campaign, he recorded a rap music video that featured other well-known pirates such as Anja Hirschel .

In March 2019, Breyer filed a lawsuit against the EU Commission because, on the grounds of protecting the commercial interests of the companies involved, it kept secret project documents on new types of video polygraphs intended for entry control, including an ethical and legal assessment of the technology.

He moved into the European Parliament as the only member of the German pirates 'elections, where he is now, together with Česká pirátská strana , which won three seats in the Czech Republic, one of four members of the pirates' parliament. Like Julia Reda in the previous legislature, he joined the parliamentary group The Greens / European Free Alliance , as did the three Czech pirates . Also up for discussion was joining the ALDE parliamentary group (now Renew Europe ), although the pirates refused to be in a parliamentary group with the Czech ruling party ANO . For his group he is a member of Parliament's Legal Affairs Committee and a deputy member of the Committee on Civil Liberties, Justice and Home Affairs .

Works

  • The systematic recording and retention of telecommunications traffic data for government purposes in Germany (data storage, traffic data retention). Revision status: November 2004. Rhombos, Berlin 2005, ISBN 3-937231-46-3 ( full text ).

Web links

Commons : Patrick Breyer  - Collection of images, videos and audio files

Individual evidence

  1. ↑ Official website , December 19, 2012
  2. ↑ The systematic recording and storage of telecommunications traffic data for government purposes in Germany Rhombos Verlag. Accessed May 1, 2019 .
  3. ↑ [1] , accessed on August 7, 2020
  4. ↑ User: Pab - Piratenwiki. Retrieved November 6, 2019 .
  5. ↑ The private Mr. Breyer , Die Tageszeitung website of April 23, 2012
  6. ↑ Meinhard Starostik: Complaint against data retention. (PDF) November 28, 2016, accessed July 3, 2017 .
  7. ↑ Federal Constitutional Court - Press - Regulations of the Telecommunications Act on the storage and use of telecommunications data are partly unconstitutional. Retrieved July 4, 2017 .
  8. ↑ This inventory data disclosure endangers privacy. Retrieved July 4, 2017 .
  9. ↑ Access by the state to data goes too far. Accessed July 30, 2020 .
  10. ↑ HUDOC - European Court of Human Rights. Retrieved June 17, 2018 .
  11. ↑ Pirates establish themselves as a protest party , Spiegel Online from May 6, 2012
  12. ↑ Court of Justice of the European Union: Press Release No. 80/17. (PDF) July 18, 2017, accessed June 17, 2018 .
  13. ↑ Az. 2 C 6/08.
  14. ↑ Az. 57 p. 87/08
  15. ↑ ECJ: Press Release No. 112/16. (PDF) October 19, 2016, accessed July 3, 2017 .
  16. ↑ Press release No. 74/17 from May 16, 2017. Retrieved July 4, 2017 .
  17. ↑ heise online: Constitutional complaint against license plate scanning by the federal police. Retrieved on October 17, 2018 (German).
  18. ^ Application Section Control Lower Saxony. Retrieved August 27, 2019 .
  19. ↑ Markus Reuter: Lower Saxony: Lawsuit against speed measurement with license plate scanner. In: netzpolitik.org. December 19, 2018, accessed on August 27, 2019 (German).
  20. ^ "OVG: Landtag must disclose list of legal opinions". Accessed July 30, 2020 .
  21. ↑ Schleswig-Holstein Magazin on NDR television , May 21, 2012
  22. ↑ “Financial proximity to the citizen”: Member of Parliament Dr. Patrick Breyer pays back payments of over 40,000 euros . In: Pirates in the Landtag SH . April 7, 2017 ( online [accessed June 17, 2018]).
  23. ^ Pirate politicians versus gambling entrepreneurs , Heise online . Retrieved September 5, 2013.
  24. ↑ http://www.patrick-breyer.de/?p=376412
  25. ↑ http://www.patrick-breyer.de/?p=422979
  26. ^ Bastian Modrow: criminal complaint against Patrick Breyer . In: Kiel News . June 25, 2014. Archived from the original on July 26, 2014. Retrieved on August 26, 2014.
  27. ^ Criminal charges against pirates . In: taz . June 25, 2014. Retrieved August 26, 2014.
  28. ↑ Wolfgang Schmidt: Pirat publishes police data on the Internet . In: The world . June 26, 2014. Retrieved August 26, 2014.
  29. ^ Bastian Modrow: Patrick Breyer under fire . In: Kiel News . July 9, 2014. Archived from the original on August 26, 2014. Retrieved on August 26, 2014.
  30. ↑ http://www.patrick-breyer.de/?p=461639
  31. ↑ Weichert criticizes the Ministry of the Interior ( Memento from January 25, 2015 in the Internet Archive )
  32. ↑ https://datenschutzzentrum.de/tb/tb35/kap03.html#32
  33. ^ Matthias Hoenig: Schleswig-Holstein: Kiel pirates are the hardest-working MPs . In: THE WORLD . December 22, 2015 ( online [accessed August 20, 2018]).
  34. ↑ Pirate receives a call to order for the plush animal protest. Retrieved March 17, 2019 .
  35. ^ NDR television: riot because of a stuffed animal (video). Retrieved March 16, 2019 .
  36. ↑ http://www.piratenfraktion-sh.de/2016/04/12/die-segel-fuer-den-wahlkampf-sind-etzt-piraten-waehlen-einen-neuen-fraktionsvorstand-6piraten/
  37. ↑ Sexism and racism at the Eutin Police School - for the state government "no official offense". In: Patrick Breyer. May 9, 2016, accessed on September 10, 2019 (German).
  38. ↑ Kai von Appen: Ministry dismisses police students . In: The daily newspaper: taz . July 30, 2016, ISSN  0931-9085 , p. 54 ePaper 42 North ( online [accessed September 10, 2019]).
  39. ↑ shz.de/dpa: Sexism scandal at Eutin Police School: Opposition considers replacement of Jürgen Funk "unworthy" | shz.de. Retrieved September 10, 2019 .
  40. ↑ a b First Parliamentary Committee of Inquiry. Retrieved September 10, 2019 .
  41. ↑ Kieler Nachrichten, Kiel, Schleswig-Holstein, Germany: Pirate in the state parliament Breyer defends himself against the call to order - KN - Kieler Nachrichten. Retrieved April 5, 2017 .
  42. ^ Dpa, shz.de: Conflict with Klaus Schlie: Pirate Patrick Breyer moves to the Constitutional Court because of a call for order | shz.de . In: shz . ( Online [accessed April 5, 2017]).
  43. ↑ Lübecker Nachrichten, Lübeck, Schleswig-Holstein, Germany: Kiel / Lübeck - Constitutional Court meets in Lübeck on pirate lawsuit - LN - Lübecker Nachrichten. Archived from the original on April 5, 2017 ; Retrieved April 5, 2017 .
  44. ↑ State Constitutional Court: Call for order by the President of the State Parliament violates the chairman of the pirate faction Dr. Breyer in his constitutional rights as a member of parliament. Retrieved July 4, 2017 .
  45. ↑ Dr. Patrick Breyer wins the "Backbone Award 2017". Retrieved April 5, 2017 .
  46. ↑ Kiel State Criminal Police Office is said to have suppressed exonerating statements and killed conscientious detectives [added on March 17, 2019]. In: Patrick Breyer. May 4, 2017, accessed on September 10, 2019 (German).
  47. ↑ Hamburg Hamburg Abendblatt-: Rocker affair: head of the provincial police have to go. November 2, 2017, accessed on September 10, 2019 (German).
  48. ↑ State Returning Officer of the State of Schleswig-Holstein: Preliminary results of the state elections in Schleswig-Holstein 2017. (PDF) Statistical Office for Hamburg and Schleswig-Holstein, May 8, 2017, accessed on May 9, 2017 .
  49. ↑ Popular initiative for codetermination | vi-mitbestfung.de. Retrieved on August 20, 2018 (German).
  50. ↑ 20,000 citizens are demanding a say in the expansion of wind energy. Retrieved on August 20, 2018 (German).
  51. ↑ Popular initiative water. Retrieved August 20, 2018 .
  52. ^ NDR: More than 42,000 signatures against fracking . ( Online [accessed August 20, 2018]).
  53. ↑ Patrick Breyer: Let's go for it. In: YouTube . May 22, 2019, accessed May 22, 2019 .
  54. ↑ Secret research on the new system: Lie detector at the border - pirate politician sues EU Commission . In: Spiegel Online . March 22, 2019 ( online [accessed March 27, 2019]).
  55. ↑ Green winners. Tagesschau, May 27, 2019
  56. ↑ WELT: European elections 2019: election results of all countries, all winners at a glance . May 26, 2019 ( online [accessed May 27, 2019]).
  57. ↑ Home | Patrick BREYER | MPs | European Parliament. Retrieved July 5, 2019 .
personal data
SURNAME Breyer, Patrick
BRIEF DESCRIPTION German data protection activists, civil rights activists and politicians (pirate party)
DATE OF BIRTH 1977