Data retention in Germany violates EU law
Germany violates applicable EU law with its regulations on data retention. This was announced by the European Court of Justice (ECJ) in Luxembourg. Accordingly, communication data from EU citizens may no longer be stored without reason.
With a groundbreaking judgment, the European Court of Justice (ECJ) overturned the laws on data retention in Germany. Because like the court now in one Verdict announced that the previous German regulations violate applicable EU law.
Internet providers and telecommunications providers may and must no longer store their customers’ data for access by the authorities. This is only permissible under certain conditions.
Data retention: German regulations violate EU law
So far, the German Telecommunications Act has included the local regulations on data retention. However, they are currently suspended in this country because the Federal Administrative Court submitted the question of their legality to the ECJ.
Now the court has again decided that the German regulations are not compatible with EU law. Access to and storage of data without cause therefore represents a serious encroachment on fundamental rights. This could also entail a feeling of constant surveillance.
Exception: The threat to national security
According to the ECJ, traffic and location data may in future only be stored and requested in certain exceptional cases. These include, above all, threats that endanger national security. The authorities can also only oblige providers and telecommunications providers to store certain data for a limited period of time.
For example, when it comes to protecting national security, fighting serious crime, and thwarting serious threats to the public. In such cases, authorities could request the storage of data, taking into account proportionality.
Justice Minister Marco Buschmann (FDP) spoke via Twitter of a historic judgment and a good day for civil rights. Although the federal government announced some time ago that it wanted to change the regulations, the traffic light coalition has so far been at odds.
A good day for civil rights! The ECJ has confirmed in a historic judgment: The unfounded #data retention in Germany is illegal. We will now quickly and finally remove data retention without cause from the law.
— Marco Buschmann (@MarcoBuschmann) September 20, 2022
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