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Aktuelle Version vom 22. August 2010, 15:37 Uhr

5-Minute Overview: German Data Retention Law

According to a law passed by the German parties CDU, CSU, and SPD, from 2008 on it will be possible to trace who has contacted a person using the telephone, mobile phone or e-mail for a period of six months. In the case of mobile calls or text messages on mobile phones, the user's location will also be logged. Anonymising services will be prohibited.

The data that will be collected about the entire population will allow our movements to be traced, any calls or communications with personal and business contacts to be monitored, and will remove privacy from our personal and business relationships. Information regarding the content of communications can be deduced relating to personal interests and the individual life circumstances of the people communicating. Access to the data is to be granted to police, public prosecutors, secret services, and foreign states under the pretext of better prosecution of crimes.

At present, telecommunications providers may only retain data required for billing purposes. This is not the case with location data and information regarding e-mails, for example. Customers can request the deletion of billing data as soon as the monthly invoice has been sent out. By using a flat rate, you can prevent the collection of traffic data altogether, which can be important for journalists, counselors and others.

What is the Problem?

The current plans regarding the collection of information about communication of citizens' movements, and use of media constitute the greatest threat yet to our right for an independent and private life.

We will all suffer from unregulated data retention:

Data retention constitutes an excessive invasion of our personal privacy.
Data retention disrupts professional activities (e.g. in the fields of medicine, law, clergy, journalism, etc.) as well as political and business activities that rely on the confidentiality of communications. It ultimately harms and undermines the freedom of our society itself.
Data retention doesn't prevent terrorism or crime. It is unnecessary, as it can easily be circumvented by criminals.
Data retention violates the human right to privacy and informational self-determination.
Data retention puts a financial strain on both businesses and consumers.
Data retention discriminates against people using telephones, mobile/cell phones and internet services, as compared to people using other means of communication.

Current situation

The ruling conservative and social democrat parties have passed the law concerning the introduction of data retention in Germany. It is scheduled to take effect on January 1, 2008. As soon as the law is promulgated, we will file a complaint with the Federal Constitutional Court.

Act now:

Participate in the "Arbeitskreis Vorratsdatenspeicherung" (German Work Group on Data Retention)
Other means of action...

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--minute information: Data retention
+-Minute Overview: German Data Retention Law
-According to plans of the parties CDU, CSU and SPD, from 2008 on it shall be possible to trace who has contacted whom via telephone, mobile phone or e-mail over the time of six months. For mobile calls or text messages via mobile phone the user's location will also be logged. Anonymising services are going to be illegal.
+According to a law passed by the German parties CDU, CSU, and SPD, from 2008 on it will be possible to trace who has contacted a person using the telephone, mobile phone or e-mail for a period of six months. In the case of mobile calls or text messages on mobile phones, the user's location will also be logged. Anonymising services will be prohibited.
-Using the data obtained about the whole population one can create a profile about a person's movements, reconstruct someone's business contacts or identify friendships. It is also possible to deduce clues about the content of the conversation, personal interests and the life circumstances of the person who communicates. Access to the data is going to be granted to the police, public prosecutors, secret services and foreign states which hope for better prosecution of crimes.
+The data that will be collected about the entire population will allow our movements to be traced, any calls or communications with personal and business contacts to be monitored, and will remove privacy from our personal and business relationships. Information regarding the content of communications can be deduced relating to personal interests and the individual life circumstances of the people communicating. Access to the data is to be granted to police, public prosecutors, secret services, and foreign states under the pretext of better prosecution of crimes.
-At the moment, telecommunications providers may only keep connection data they need for billing. This doesn't include location data and information about e-mails. The customer can demand that this kind of data is deleted as soon as he or she receives the bill. By using a flatrate one can entirely avoid the storage of connection data, which can be important for e.g. journalists or counsellors. Where is the problem?
+At present, telecommunications providers may only retain data required for billing purposes. This is not the case with location data and information regarding e-mails, for example. Customers can request the deletion of billing data as soon as the monthly invoice has been sent out. By using a flat rate, you can prevent the collection of traffic data altogether, which can be important for journalists, counselors and others.
-The current plans concerning the storage of information about citizens' communication, movements and media usage are so far the biggest danger for our right to an independent and private life.
+'''What is the Problem?'''
-We would all suffer from data retention:
+The current plans regarding the collection of information about communication of citizens' movements, and use of media constitute the greatest threat yet to our right for an independent and private life.
-	* Data retention means an excessive invasion into our personal privacy
+We will all suffer from unregulated data retention:
-	* Data retention has a negative influence on professional activities (in the fields of e.g. medicine, law, church, journalism) as much as political and entrepreneurial activities which demand discretion. Therefore in the end it harms our free society as such.
-	* Data retention doesn't prevent terrorism or crime. It is unnecessary and can easily be circumvented by criminals.
-	* Data retention violates the human right to privacy and  [http://en.wikipedia.org/wiki/Informational_Self-Determination informational self-determination] (that means the right to control the usage of personal data by others).
-	* Data retention is expensive and costs both the economy and the consumer money.
-	* Data retention discriminates against users of telephone, mobile phone and internet compared to other means of communication.
-Current situation
-The German Federal Minister of Justice, Brigitte Zypries, is at the moment working on a draft bill concerning the installation of data retention in Germany about which the Bundestag (parliament) is going to decide in autumn. The plans are supported by both the CDU/CSU and the SPD (both major parties). But there is an increasing tendency, also in politics, to at least waith with data retention until the European Court has decided whether it is legal.
+* Data retention constitutes an excessive invasion of our personal privacy.
+* Data retention disrupts professional activities (e.g. in the fields of medicine, law, clergy, journalism, etc.) as well as political and business activities that rely on the confidentiality of communications. It ultimately harms and undermines the freedom of our society itself.
+* Data retention doesn't prevent terrorism or crime. It is unnecessary, as it can easily be circumvented by criminals.
+* Data retention violates the human right to privacy and informational self-determination.
+* Data retention puts a financial strain on both businesses and consumers.
+* Data retention discriminates against people using telephones, mobile/cell phones and internet services, as compared to people using other means of communication.
-If data retention can still be prevented is to a large scale dependent on public pressure.
+'''Current situation'''
-Get active:
-	* Convince the parliament members belonging to the SPD, CDU and CSU
+The ruling conservative and social democrat parties have passed the law concerning the introduction of data retention in Germany. It is scheduled to take effect on January 1, 2008. As soon as the law is promulgated, we will file a complaint with the Federal Constitutional Court.
-	* Take part in the class-action suit against data retention
-	* Sign the appeal "SPD, CDU und CSU gegen Vorratsdatenspeicherung" ("SPD, CDU and CSU against data retention")
+'''Act now:'''
-	* Participate in the "Arbeitskreis Vorratsdatenspeicherung" (Work Group on Data Retention)
-	* Other possibilities to get active
+* Participate in the "Arbeitskreis Vorratsdatenspeicherung" (German Work Group on Data Retention)
+* Other means of action...
 Read more:
-	* Latest news
+* Latest news
-	* Background information about data retention
+* Background information on data retention
-	* Pros and Cons concerning data retention
+* Pros and cons of data retention
-	* Additional information and material
+* More information and resources
+[[Kategorie:English]]

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Aktuelle Version vom 22. August 2010, 15:37 Uhr

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