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    Stoppt die Vorratsdatenspeicherung!: Administrative Court: Data retention is “invalid,” violates privacy

    Stoppt die Vorratsdatenspeicherung! reports on a decision by the Administrative Court of Wiesbaden in Germany.

    The Administrative Court of Wiesbaden has found the blanket recording of the entire population’s telephone, mobile phone, e-mail and Internet usage (known as data retention) disproportionate.

    The decision published today by the Working Group on Data Retention (decision of 27.02.2009, file 6 K 1045/08.WI) reads: “The court is of the opinion that data retention violates the fundamental right to privacy. It is not necessary in a democratic society. The individual does not provoke the interference but can be intimidated by the risks of abuse and the feeling of being under surveillance […] The directive [on data retention] does not respect the principle of proportionality guaranteed in Article 8 ECHR (pdf), which is why it is invalid.” […]

    In early March, the Federal Council of Germany (Bundesrat) also warned that the proposed “storage of all Internet usage data without a specific cause or with blanket coverage violates” the Constitution.

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