Commission Lacks Compliance with Article 85 (1) Obligations, According to Court of Justice Decision
Camouflaged Chat: The German Judges' Association's Plea for Data Retention
Unraveling the veil on the battle against cybercrime and child exploitation
The curtain is getting lifted on a heated debate in Germany, as the German Judges' Association (DRB) puts forth a compelling case for the reinstatement of data retention with a particular focus on safeguarding children from abuse. This call comes in the wake of an initiative from Mecklenburg-Vorpommern, a matter that will be put to a vote in the Bundesrat this Friday.
In an interview with the "New Osnabrücker Zeitung" (NOZ), Sven Rebehn, DRB's Federal Managing Director, shed light on the gravity of the situation: "The rule of law is being tested to ensure children are provided the best possible protection from harm and violence."
The fight against child abuse, pornography, and right-wing extremism investigations is recognized as taking a hit due to the suspended data retention, which has been the consequence of decisions made by the European Court of Justice among others. The German government is attempting to streamline investigative powers, yet Rebehn highlights the irreversible damage in the absence of a "legally sound new regulation concerning the halted data retention."
Mecklenburg-Vorpommern has requested the Bundesrat to urge the federal government to gear up for the introduction of a constitutionally and EU law-compliant minimum storage obligation. The request aims to be carried out before the judgment is passed, addressing concerns about unearthing the identities of online culprits.
The resolution proposes that the fight against child pornography and extremist crimes is often hampered due to the actual realities surrounding the internet. The DRB, in turn, explicitly throws its support behind these efforts, calling for greater priority on addressing minimum storage periods.
Rebehn noted that Germany's upcoming EU Council presidency could be an opportunity to advance work on a European solution for swift action post the European Court of Justice's upcoming judgment on minimum storage periods. Armed with data traces of suspects, investigators can expedite the investigation process, especially in cases of child pornography, thereby hindering further abuse.
Data retention is a tool that demands providers of public communication services—from telephone calls to WhatsApp—to store certain data for the purpose of the examination, clarification, and prosecution of criminal offenses. The stored data must be readily accessible "in advance."
As we delve deeper into the murky world of cybercrime, the line between privacy and safety becomes increasingly blurred—a tightrope German authorities and the DRB are compelled to walk. It remains to be seen how the proposals, when put to the vote, will impact the lives of countless children and the efforts to protect them.
The German Judges' Association (DRB) is urging for a reinstatement of data retention, focusing on fighting child abuse, particularly in the context of the Bundesrat vote on Mecklenburg-Vorpommern's initiative. Sven Rebehn, DRB's Federal Managing Director, emphasized that the rule of law must prioritize child protection, as investigations against child abuse, pornography, and right-wing extremism have been hampered due to the suspension of data retention.
Mecklenburg-Vorpommern has called upon the Bundesrat to push for a constitutionally and EU law-compliant minimum storage obligation before the upcoming judgment on minimum storage periods. This means providers of public communication services, such as telephone companies and WhatsApp, would be required to store certain data for criminal investigations, emphasizing the need for a balance between privacy and safety in the realm of policy-and-legislation and crime-and-justice.
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