Germany passes data retention law.
by Swartz, Nikki
In November, Germany's parliament, the Bundestag, passed the
German Data Retention Law. It incorporates the principles of the EU Data
Retention Directive--mainly, the mandatory retention of all telecoms
traffic data for law enforcement purposes.
Beginning this year, all communications providers in Germany will
be required to store all connection data records for six months. This
includes:
* Phone calls: the date, time, length, and numbers of all
calls--landline, mobile, or voice over Internet protocol (VoIP)
* Internet access: the IP address, date, time, and length of
connection, as well as the line used
* E-mail: addresses involved and headers of each message
The content of the communications will not be stored. However, the
data that is stored can be used by authorities--police and secret
services--in criminal investigations or online crimes. The goal,
according to the government, is to fight terrorism in hopes of
preventing potential attacks against European cities, like the London or
Madrid bombings.
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According to a statement on the website of the German Federal
Ministry of the Interior, "Law enforcement activities must be
adapted to the dynamics of technological developments and the
boundlessness of technology and networks. On the one hand, they must
safeguard effective prevention and prosecution of new criminal offences,
while on the other hand, utilize the electronic options available for
law enforcement, without infringing upon citizens' rights of
freedom."
The law also effectively removes all protection of
journalists' sources when it comes to telecom and Internet
communications. For this and other reasons, the bill had been heavily
criticized by privacy advocates and telecommunications providers.
Thousands demonstrated in Berlin opposing the passage of the new law.
All opposition parties voted against the bill. They, along with several
hundred private protesters, filed a constitutional complaint. Critics
now hope to stop the law in Germany's Federal Constitutional Court,
which can overrule legislation deemed anti-constitutional.
Since 9/11, many European countries have enacted similar
controversial mandatory data retention laws, in accordance with a
European Union directive to do so. The legality of the EU Directive is
still under consideration by the European Court of Justice, (ECJ) and
many critics of the German data retention law said it should be delayed
pending the ECJ ruling.
COPYRIGHT 2008 Association of Records Managers &
Administrators (ARMA) Reproduced with permission of the copyright holder. Further reproduction or distribution is prohibited without permission.
Copyright 2008 Gale, Cengage Learning. All rights
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NOTE: All illustrations and photos have been removed from this article.