Preventive police telecommunication surveillance
The preventive police telecommunication surveillance is a new authority of the police, the telephone and e-mail traffic of people, which was created in 2005 by inclusion in the state police laws of the German federal states Bavaria , Thuringia , Lower Saxony , Hesse , Rhineland-Palatinate and Mecklenburg-Western Pomerania are not suspected of any criminal offense, or to be recorded or handed over.
Legal certainty
After the unconstitutionality of the suspicion-independent telephone surveillance in Lower Saxony, which was determined by the Federal Constitutional Court in July 2005, the local legislature had to give in and severely restrict the corresponding regulation.
According to these paragraphs, it is a legal requirement if someone unknowingly comes into the vicinity of a terrorist suspect, be it as a work colleague or sports colleague, neighbor or flatmate. Conceptually, the amended state police law defines this group of people as contact and accompanying persons . There is no need for a demonstrably specific risk to monitor them . The officials are only allowed to process and evaluate up to five months of e-mail and telephone communication for the public prosecutor's office with the approval of a judge.
For this purpose, telecommunications service providers were obliged to collect all traffic data for a period of two months . This creates a comprehensive reservoir of all phone calls, e-mails and SMS , from which the investigators can use if necessary. Such extensive research was previously only allowed to be carried out by secret services.
Legal development
In Rhineland-Palatinate, the existing police powers for telecommunications surveillance are to be expanded to include the so-called source telecommunications surveillance. Encrypted Internet telephony could also be monitored in this way. In addition, the police should be authorized to interrupt an existing TC connection or prevent the initiation of a telecommunication. This should prevent a bomb from being detonated remotely using a TC connection.
resistance
Civil rights organizations oppose data retention and criticize the draft law because, among other things, there are no protective provisions for people who are entitled to refuse to testify. Against the implementation of the data retention directive, data protectionists have achieved that the EU Commission has brought an action against the Federal Republic of Germany before the European Court of Justice.
literature
- Stefan Holzner: Rhineland-Palatinate: Online search and further TK monitoring measures planned , news service MMR-Aktuell issue 7/2010, MMR-Aktuell 2010, 302767.
- "Law on the new regulation of telecommunications surveillance and other covert investigative measures" and the decision of the Federal Constitutional Court on data retention of March 11, 2008, AZ: 1 BvR 256/08
Web links
- Presentation on preventive TKÜ using the example of § 34a SOG MV (PDF; 93 kB)
- Dissertation by Heike Schäfer from 2008 (PDF)
- Telecommunication Surveillance Forum
Individual evidence
- ^ Federal Constitutional Court: judgment of the First Senate of July 27, 2005 .
- ↑ Preventive telephone monitoring violates the Basic Law
- ^ HU: No preventive telecommunications surveillance by the Bavarian police! at humanistische-union.de, accessed on March 1, 2015.
- ↑ Data retention at datenschutz-bayern.de, accessed on March 1, 2015.
