Security package

from Wikipedia, the free encyclopedia

The advocates of the security package and the critics of the surveillance package describe the changes to the law passed in Austria in the spring of 2018, which  concern criminal procedure law , the Security Police Act  (SPG), the Road Traffic Act  (StVO) and the Telecommunications Act 2003 (TKG 2003). It introduces and / or expands some online search measures and makes regulations on the official handling of surveillance data.

Legal bases

Objectives of the amendment are loud legislators "expansion of technical investigative powers , strengthen the sense of security through community- police work , adequate of costs for willfully caused security police operations;"

Changes to the Security Police Act, the 1960 Road Traffic Act and the 2003 Telecommunications Act

Basic data
Title: Changes to the Security Police Act, the 1960 Road Traffic Act and the 2003 Telecommunications Act
Long title: Federal law amending the Security Police Act, the 1960 Road Traffic Act and the 2003 Telecommunications Act
Type: Federal law
Scope: Republic of Austria
Reference: Federal Law Gazette I No. 29/2018
Date of law: May 16, 2018
Please note the note on the applicable legal version !

The main features of this law are:

  • Security forums - "Platforms [of the security authorities] at the regional level with the involvement of people who are involved in the performance of tasks in the public interest, within the framework of which the necessary measures are developed and coordinated" (Section 25 (1) SPG, per Art. 1 No. 12 BGBl. I No. 29/2018)
  • Obligation to surrender images of video surveillance in public space - for public legal entities and private organizations with a public supply mandate, including storage of the same upon request ( Quick Freeze ; § 93a Duty to provide information for images in public places  SPG; per Art. 1 No. 78)
  • Registration of license plates - with certain vehicle and driver data (§ 54 Abs. 4b SPG per Art. 1 No. 26; and § 98a StVO per Art. 2)
  • Abolition of anonymous SIM cards - prepaid card registration , with identification requirement for new purchases (Section 97 (1a) TKG per Art. 3)

In addition, the regulations regarding data collection and storage have been more strictly regulated by the security authorities.

Criminal Procedure Law Amendment Act 2018

Basic data
Title: Criminal Procedure Law Amendment Act 2018
Long title: Federal law amending the Code of Criminal Procedure 1975, the Public Prosecutor's Office Act and the Telecommunications Act 2003 (Criminal Procedure Law Amendment Act 2018)
Type: Federal law
Scope: Republic of Austria
Reference: BGBl. I No. 27/2018
Date of law: 15th May 2018
Please note the note on the applicable legal version !

The main features of this law are:

  • Legal regulation for the use of mobile phone tracking ( IMSI-Catcher , § 135 Abs. 2a and 2b  StPO , per Art. 1 No. 15 BGBl. I No. 27/2018)
  • Restriction of the secrecy of letters , Federal Trojans - confiscation of letters, adaptation to the regulations of the surveillance of telecommunications; and methods for monitoring encrypted messages (§ 135 and § 135a StPO, per Art. 1 No. 8 ff)
  • Extension of eavesdropping and optical surveillance in vehicles to investigations into terrorism crimes (i.e. §§ 278c to 278e StGB; § 1366 StPO, per Art. 1 No. 18)

In addition, the term monitoring of messages was defined as "independent and meaningful" for the first time.

history

The proposal for amending the Code of Criminal Procedure is based on a proposal made on March 31, 2016. However, after the assessment at the time, the then Minister of Justice Wolfgang Brandstetter withdrew the draft law.

“The decisive factor is that so much criticism was expressed in the context of the assessment, in different directions, that we simply have to come to the conclusion: This is obviously not really useful as it was, so we have to think about something else - and that we are doing now. "

- Wolfgang Brandstetter : Pulse 4

On January 30, 2017, the federal government of Kern sent two new legislative amendments for assessment. The Federal Trojan’s proposal was based on the proposal of March 31, 2016. After the many critical statements in the appraisal, this draft was also shelved. The security package was a concern of the ÖVP, but was not pursued further due to resistance from the then coalition partner SPÖ.

The new Federal Government Kurz I then submitted a government bill to the National Council based on the draft of the Kern government on April 20, 2018 . The FPÖ, which is now part of the government, had previously vehemently rejected the federal Trojan in particular, but had meanwhile gained a different view.

criticism

On the one hand, the package is in the context of the global debate on the restriction of civil rights in favor of more surveillance because of the terrorism threat of the 21st century, but on the other hand also the new technologies required to combat cyber crime .

Right from the start, the proposed law has come under great criticism. For example, the NGO epicenter.works initiated its “überwachungspaket.at” campaign to mobilize people against the proposed law. Even Amnesty International launched a campaign against it.

At the same time as the implementation by the turquoise-blue government, the affair about the Federal Office for the Protection of the Constitution and the Fight against Terrorism (BVT) 2017/2018, which also dealt with the internal control of recording data, occurred.

In February 2019, the ranged SPÖ - Federal Councilors a constitutional complaint against those parts of the security package, which the legal basis for the use of federal trojan form. At the same time, the members of the National Council of the SPÖ and NEOS jointly filed a constitutional complaint against the license plate registration set out in the security package . At the time, the analogue regulation for license plate monitoring in Germany was further restricted by the Federal Constitutional Court there.

Individual evidence

  1. ↑ a b Federal Chancellery: Publication in the Federal Law Gazette : Security Police Act including help.gv.at » Legal Innovations , undated (2018/19).
  2. ↑ Federal Government of Austria: Explanations on 15 dB In: parlament.gv.at. February 21, 2018, accessed October 31, 2018 .
  3. ↑ a b Federal Government of Austria: Explanations on 17 dB In: parlament.gv.at. February 22, 2018, accessed October 31, 2018 .
  4. ↑ Federal Chancellery: Publication in the Federal Law Gazette : Criminal Procedure Law Amendment Act 2018 help.gv.at » Legal Innovations , undated (2018/19).
  5. ↑ Pulse 4: Federal Trojan. (Video) In: Youtube. June 7, 2016, accessed June 7, 2016 .
  6. ↑ 326 / ME (XXV. GP) - Security Police Act, Federal Road Toll Act 2002 and a., change. In: parlament.gv.at. Retrieved October 31, 2018 .
  7. ↑ 325 / ME (XXV. GP) - Criminal Procedure Law Amendment Act 2017. In: parlament.gv.at. Retrieved October 31, 2018 .
  8. ↑ Security package : Sobotka gives up . September 1, 2017 ( oe24.at [accessed October 31, 2018]).
  9. ^ Federal Trojan "hardly vulnerable". In: Wiener Zeitung online, March 19, 2018.
  10. ↑ 15 dB (XXVI. GP) - Security Police Act, Road Traffic Regulations 1960 and a., change. Retrieved October 31, 2018 .
  11. ↑ 17 dB (XXVI. GP) - Criminal Procedure Law Amendment Act 2018. In: parlament.gv.at. Retrieved October 31, 2018 .
  12. ↑ Surveillance: After criticism comes a defused "Federal Trojan". In: Kurier online, February 22, 2018.
  13. ↑ The black-blue government wants to massively expand surveillance . January 31, 2017 ( epicenter.works [accessed October 31, 2018]).
  14. ↑ epicenter.works: Stops the monitoring package. Retrieved October 31, 2018 .
  15. ↑ Surveillance decided. What now? In: Amnesty International Austria . ( amnesty.at [accessed October 31, 2018]).
  16. ^ SPÖ brings federal Trojans before the constitutional court and announces security quests. Press release of the SPÖ Parliamentary Club, February 8, 2019 (APA OTS_20190208_OTS0108).
  17. ↑ a b June session of the Constitutional Court: Non-smoker protection and security package - The Austrian Constitutional Court. Retrieved June 7, 2019 .