Police State Protection Act

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Basic data
Title: Police State Protection Act
Long title: Federal law on the organization, tasks and powers of the police state security
Abbreviation: PStSG
Type: Federal law
Scope: Republic of Austria
Legal matter: Special administrative law
Reference: BGBl. I No. 5/2016
Date of law: February 26, 2016
Effective date: July 1, 2016
Last change: Federal Law Gazette I No. 32/2018
Legal text: current version
Please note the note on the applicable legal version !

The Police State Protection Act (PStSG) is a federal law in Austria that regulates the organization, tasks, powers and legal protection of the police state protection .

Content of the law

The PStSG represents a new legal basis for the Federal Office for the Protection of the Constitution and Counter-Terrorism , which is an organizational unit of the General Directorate for Public Security , and for the 9 state offices for the protection of the constitution , which in turn are organizational units of the respective state police departments . These organizational units were previously established by decree. As a result of the parliamentary negotiations, the law now speaks of unspecified “organizational units responsible for the protection of the constitution of the state police departments” in place of the originally explicitly mentioned “state offices for the protection of the constitution”. The explanatory remarks on the PStSG, however, make it clear that these organizational units are the already existing “State offices for the protection of the constitution”.

In addition to these organizational regulations, the Police State Protection Act also regulates the powers of these organizational units. Since they are part of the security authorities, they are entitled to all general police powers regulated in the Security Police Act. The Police State Protection Act, however, assigns them further powers, in particular in the area of ​​the collection and analysis of personal data.

The article law is divided into 2 articles. With the first, the Police State Protection Act is passed, which is divided into the following main parts:

  1. Main part: General
  2. Main part: tasks
  3. Main part: Use of personal data such as call data recovery
  4. Main part: legal protection
  5. Main part: final provisions

The second article primarily provides for the adjustments to the Security Police Act that became necessary with the adoption of the PStSG .

criticism

"A new secret service is emerging here" protest in front of the Rennweg barracks in January 2016

After they were received by the National Council on March 31, 2015, by the end of the review period on May 12, 2015, 33 opinions had been issued, many of which had a negative or negative point of view.

AK stock Austria

As the second respondent, the AKVorrat submitted a comprehensive 79-page statement on April 16, 2015. In it, the working group known to generally complete rejection of the bill because it "fundamental rights would violate and beyond would be unconstitutional because of vagueness (Article 18 BVG)." ( AKVorrat ) On 25 May 2015 launched AKVorrat a petition against the proposed law with pointing out that fundamental rights would be restricted too severely and made 5 demands. Supporters of this campaign were Amnesty International Austria , Attac Austria , VGT.at , ÖH , mehr Demokratie! , the ZARA association and the Freedom of Information Forum . At the end of November 2015, the petition had around 20,000 signatures. In addition, a discussion was organized on October 1, 2015 with the security spokesman for the SPÖ , ÖVP , FPÖ , Greens , NEOS and Team Stronach, as well as Interior Minister Johanna Mikl-Leitner . However, only Johannes Jarolim ( SPÖ ), Walter Rosenkranz ( FPÖ ), Peter Pilz ( The Greens ), Niko Alm ( NEOS ) and Peter Andre ( BMI ), the Minister of the Interior, appeared at the time . An action on January 11, 2016, caused a lot of attention, in which the data protection activists attached a dummy camera to the Pallas Athene in front of Parliament using helium-filled balloons and let it float in the air. At the same time, the campaign page Contact your MPs was launched, on which concerned citizens can find a list of contact options for MPs. Another event on January 12, 2016 in the WUK , which was organized in cooperation with Attac Austria , clarified the effects on activists should the law be passed.

The green

In an interview, the Green MP Peter Pilz announced that his party particularly opposed the disclosure of the content of the analysis database to secret services such as the BND and the NSA . "Because not only the sensitive data of target persons should be collected and linked there, but also that of their contact persons" ( Peter Pilz : Der Standard ). Another demand of his party is better parliamentary control over the security authorities.

“Our main condition is clear: the best parliamentary control in Europe. We need time for this, because the important thing is: our basic rights must not be tampered with. "

- Peter Pilz : The standard

In addition, the parliamentarian warned against mass surveillance in a press conference, as this would not be of great use in clarification. In fact, a study by the Max Planck Institute found “that the elimination of data retention cannot be mapped as the cause of movements in the clear-up rate.” According to the Greens, monitoring should therefore be more intensive and not more extensive, since this is the only way that Preserving freedom of the people while increasing security.

Pilz also takes the view that a system implemented by confidants to strengthen covert investigations is not very effective.

“The ÖVP wants to pay jihadists and their sympathizers for information. Experience shows that they use this to act against rival groups or against the police. In the rarest cases do they represent the interests of the rule of law. "

- Peter Pilz : The standard

Austrian Association of Judges

The Austrian Association of Judges mainly criticized the use of a legal protection officer as the last supervisory authority, as this would not have complete independence due to his organizational integration into the Federal Ministry of the Interior . Interior Minister Johanna Mikl-Leitner spoke out in favor of judicial control. With the argument that two legal protection authorities, the legal protection officer and the data protection authority, would then be eliminated, she ultimately decided against it.

Pirate party

The pirates initially took action against the PStSG by means of a parliamentary citizens' initiative and submitted it on July 2, 2015. The advertising campaign of the Upper Austria regional organization for the 2015 municipal council election attracted further attention. Johanna Mikl-Leitner and Werner Faymann, among others, were placed in advertisements on the YouPorn Internet platform .

Social Democratic Party of Austria

The judiciary spokesman for the SPÖ , Johannes Jarolim , spoke in a panel discussion on the State Protection Act of an inner-party conflict. He himself, together with the constitutional spokesman for the SPÖ, Peter Wittmann, reject the law in principle, since a corresponding evaluation of the anti-terrorist measures is necessary first. Also SPÖ -Klubobmann Andreas Schieder feels the legal text as immature and wants more parliamentary control over the state protection. Only after the ÖVP got involved in a legal protection officer who made senate-like decisions with two deputies was an agreement with the SPÖ found.

Relation to the terrorist attacks in Paris

Shortly after the terrorist attacks on November 13, 2015 in Paris , a debate sparked about the introduction of the PStSG. So who made ÖVP - chairman Reinhold Lopatka example, one day after the attacks on his official Twitter page attention to the problem.

“Shocking attacks! Terror is back in Europe. Austria must react too! Zero tolerance against intolerants! State Protection Act !! "

- Reinhold Lopatka : Twitter

However, the security authorities did not see Austria in acute terrorism that November. Due to the allegation on social media that Mr. Lopatka had misused the attacks as a means, he justified himself with another statement shortly afterwards.

"Unfortunately, the necessary fight against terrorism also restricts our civil rights. But we have to do everything we can to prevent further deaths."

- Reinhold Lopatka : Twitter

The coalition partner SPÖ was critical of the urgency of the ÖVP to pass the PStSG as soon as possible. The restriction of civil rights is therefore not desirable. For the club chairman's deputy of the Social Democratic parliamentary group Otto Pendl , the implementation of the law was decisive.

"The primary thing is not the schedule, but a good result"

- Otto Pendl : The standard

SPÖ club chairman Andreas Schieder described using the attacks to stimulate the legislative process as "unclean".

The Greens security spokesman Peter Pilz criticized the bill in an interview with the standard at the end of 2015 and referred to the already very sophisticated surveillance measures in France.

“Along with Great Britain, France is one of the toughest surveillance states. Everything can be accessed there: stored data, internet usage, even direct access to the providers - and that without a judicial order. Paris is now showing: fewer civil rights do not bring more security. Because the big secret services collect everything, but understand almost nothing. "

- Peter Pilz : The standard

Application for repeal at the Constitutional Court

On August 26, 2017, 61 members of the National Council of the Greens and the FPÖ submitted a "one-third motion" pursuant to Art. 140, Paragraph 1, Item 2 of the Federal Constitutional Law against the Police State Protection Act to the Constitutional Court , which was drawn up by lawyers from the AK reserve . The repeal of the entire law was requested. The complaint was based on the fundamental right to data protection , the right to respect for private and family life under Art. 8 ECHR , the right to freedom of expression under Art. 10 ECHR, the right to an effective complaint under Art. 13 ECHR, on the requirement of certainty and the rule of law, both of which result from Art. 18 B-VG and the equality requirement of Art. 7 B-VG and Art. 2 StGG.

With the decision of November 29, 2017, the Constitutional Court rejected this application in essence or in parts for formal reasons and thus did not grant it. The VfGH stated that the provisions examined were “sufficiently specific, not disproportionate and not irrelevant”. He also pointed out that the legislature is pursuing a “legitimate purpose with the Police State Protection Act, namely to thwart threats to the rule of law, such as terrorist attacks, in advance if there is a suspicion. Only in this way can it be guaranteed - if at all - that the preparation of a criminal offense does not have to progress until just before it is carried out in order to be able to take measures to prevent it ”.

Nevertheless, the finding of the AK stock was partly taken positively, as it clearly interprets some terms, which were discussed in the parliamentary process, within the framework of the constitution .

literature

Web links

  1. ↑ Petition against the planned State Protection Act , petition from the working group for data storage in Austria
  2. ↑ Contact your parliamentarians , campaign from the Austria data reserve working group
  3. ↑ Failure to pass the Police State Protection Act , citizens' initiative by the Austrian Pirate Party

Individual evidence

  1. ↑ a b Der Standard : Governing parties agree on a new State Protection Act. In: www.derstandard.at. November 29, 2015, accessed November 29, 2015 .
  2. ↑ Der Standard : Staatsschutz: Extended powers for 500 officials. In: www.derstandard.at. November 30, 2015, accessed December 4, 2015 .
  3. ↑ Explanatory remarks on the PStSG. Retrieved September 7, 2016 .
  4. ↑ a b Austrian Parliament : 110 / ME (XXV.GP) - Police State Protection Act; Security Police Act, amendment. In: www.parlament.gv.at. March 31, 2015, accessed November 28, 2015 .
  5. ↑ Christof Tschohl, Ewald Scheucher, Rolf-Dieter Kargl: Statement on the PStSG. ( PDF ) April 14, 2015, p. 7 , accessed on November 29, 2015 .
  6. ↑ Working group on data for storage in Austria : AKVorrat starts petition against planned state protection law. In: www.akvorrat.at. May 25, 2015, accessed November 26, 2015 .
  7. ↑ Working group on data for storage in Austria : AKVorrat starts petition against planned state protection law. In: www.staatsschutz.at. Retrieved December 6, 2015 .
  8. ↑ Working group on data for storage in Austria : Aviso: Discussion with security spokespersons about the planned State Protection Act on October 1, 2015. In: www.akvorrat.at. September 22, 2015, accessed November 29, 2015 .
  9. ↑ Working group for data on holdings Austria : Livestream for discussion of the State Protection Act. In: www.akvorrat.at. September 30, 2015, accessed November 29, 2015 .
  10. ↑ The standard : Protest: AK stock allows MPs to be monitored with cameras. In: www.derstandard.at. January 11, 2016, accessed December 18, 2016 .
  11. ↑ Working group for data on holdings Austria : information evening on the planned state security secret service. In: www.akvorrat.at. January 3, 2016, accessed December 18, 2016 .
  12. ↑ a b Der Standard : Dispute: "A declaration of bankruptcy for every secret service". In: www.derstandard.at. November 21, 2015, accessed November 28, 2015 .
  13. ↑ a b c The Standard : State Protection Act: Mikl-Leitner wants to dispel SPÖ concerns. In: www.derstandard.at. November 17, 2015, accessed November 28, 2015 .
  14. ↑ Hans-Jörg Albrecht, Phillip Brunst, Els De Busser, Volker Grundies, Michael Kilchling, Johanna Rinceanu, Brigitte Kenzel, Nina Nikolova, Sophie Rotino, Moritz Tauschwitz: Protection gaps due to the omission of data retention? ( PDF ) An investigation into security and law enforcement problems in the absence of stored telecommunications traffic data. (No longer available online.) July 2011, p. 219 , archived from the original on October 13, 2015 ; accessed on November 28, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / vds.bendets.net
  15. ↑ a b Der Standard : ÖVP wants stronger security authorities. In: www.derstandard.at. November 16, 2015, accessed November 28, 2015 .
  16. ↑ Werner Zinkl, Gerhard Reissner, Christian Haider: Statement on the PStSG. ( PDF ) May 12, 2011, accessed November 28, 2015 .
  17. ^ Die Presse : Staatsschutz: Mikl-Leitner defends new law. In: www.diepresse.com. June 30, 2015, accessed November 28, 2015 .
  18. ↑ Pirate Party of Austria : Broad support - parliamentary citizens' initiative against the State Protection Act submitted to the National Council! In: www.piratenpartei.at. July 1, 2015, accessed November 28, 2015 .
  19. ^ Netzpolitik.org : Interview: YouPorn activism against new secret service laws. In: www.netzpolitik.org. September 30, 2015, accessed November 28, 2015 .
  20. ^ Working group for data on stocks Austria : State Protection Act Panel discussion with politicians, the Ministry of the Interior and AKVorrat. In: www.youtube.com. October 7, 2015, accessed November 29, 2015 .
  21. ^ Austria 1 : Debate about strict state protection law. In: oe1.orf.at. November 17, 2015, accessed November 29, 2015 .
  22. ↑ Austrian Parliament : New State Protection Act: Coalition aims for a resolution in January. In: www.parlament.gv.at. December 1, 2015, accessed December 4, 2015 .
  23. ↑ Reinhold Lopatka : Reinhold Lopatka on Twitter. In: www.twitter.com. November 13, 2015, accessed November 28, 2015 .
  24. ↑ The Standard : Diffuse Threat Situation in Austria. In: www.derstandard.at. November 25, 2015, accessed November 28, 2015 .
  25. ↑ Reinhold Lopatka : Reinhold Lopatka on Twitter. In: www.twitter.com. November 13, 2015, accessed November 28, 2015 .
  26. ↑ Österreichischer Rundfunk : The top government sees no dispute with the State Protection Act. In: www.orf.at. November 17, 2015, accessed November 29, 2015 .
  27. ↑ The Standard : State Security: Negotiations are classified. In: www.derstandard.at. November 25, 2015, accessed November 28, 2015 .
  28. ↑ Kleine Zeitung : Lopatka pushes for state protection law, critics put the brakes on. In: www.kleinezeitung.at. November 19, 2015, accessed November 29, 2015 .
  29. ^ Scheucher Rechtsanwalt GmbH: Third party application VfGH PStSG. Retrieved September 29, 2017 .
  30. ↑ Finding G 223 / 2016-23 on the VfGH website
  31. ↑ Third-party application by the FPÖ and the Greens against the Police State Protection Act rejected. In: Website of the Constitutional Court. November 30, 2017. Retrieved November 30, 2017 .
  32. ↑ What does the decision of the Constitutional Court on the State Protection Act mean? December 10, 2017, accessed January 23, 2019 .