Sun, Oct. 26, 2003

No Collection of Prepaid Cell Phone User Data

CK - Washington.   BVerwG 6 C 23.02, a decision of October 22, 2003 by the highest German court for administrative law in Dresden, analyzed here, waives the requirement for sellers of prepaid cell phones to collect customer data. The court held that the agency requiring the collection of user data violated the constitutional right to informational self-determination.

German criminal investigators are outraged because they consider prepaid phones a common tool for criminals. The decision assures buyers of anonymity and foils their tracing when such phones are used in crimes.

The argument may lead to a revision of the statute, §90(1) TKG, in a manner compatible with the constitutional mandate of Art. 2 GG which embodies the principle of informational self-determination and, thereby, protects the privacy of individuals.

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