Tue, Mar. 02, 2010
Unconstitutional Data Hoarding
CK • Washington. The unfettered collection of internet connection data by communications service providers for its potential use by government can be unconstitutional, the German Supreme Constitutional Court decided today with respect to a European Union directive. Under directive 2006/24/EU of March 15, 2006, German law requires ISPs to collect - and store for six months - such data regardless of eventual needs by the government.
The supreme court's lengthy decision states that such hoarding out of an abundance of caution for unspecified purposes is unconstitutional. Nice-to-have is not a sufficient reason to limit fundamental constitutional principles. At the same time, the court confirmed the constitutionality of the use of such data for matters of national security and certain categories of crimes.
On March 2, 2010, the court, Bundesverfassungsgericht, published links to the decision and to its summary, in the matters 1 BvR 256/08, 1 BvR 263/08 and 1 BvR 586/08.
CK • Washington. The unfettered collection of internet connection data by communications service providers for its potential use by government can be unconstitutional, the German Supreme Constitutional Court decided today with respect to a European Union directive. Under directive 2006/24/EU of March 15, 2006, German law requires ISPs to collect - and store for six months - such data regardless of eventual needs by the government.
The supreme court's lengthy decision states that such hoarding out of an abundance of caution for unspecified purposes is unconstitutional. Nice-to-have is not a sufficient reason to limit fundamental constitutional principles. At the same time, the court confirmed the constitutionality of the use of such data for matters of national security and certain categories of crimes.
On March 2, 2010, the court, Bundesverfassungsgericht, published links to the decision and to its summary, in the matters 1 BvR 256/08, 1 BvR 263/08 and 1 BvR 586/08.
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