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The Data Retention Act is turning into a race to the top in state surveillance

Commenting on the Federal Council’s latest demands, made last Friday, to massively expand the planned law on the retention of internet connection data without cause, Sebastian v. Bomhard, founder and CEO of SpaceNet AG, said: “What we are witnessing here is a race to the bottom in favour of ever-greater state control. Even the planned extension of warrantless storage to include port addresses – which would, for the first time, enable specific analyses of user behaviour – constitutes a highly problematic intrusion into citizens’ privacy. Now, however, the Federal Council is not only calling for the data retention period to be increased from three to six months, but also wants to significantly expand the range of authorities involved. This is neither justifiable nor in any way conducive to the desired objective.”

 

Sebastian v. Bomhard stresses that the whole concept of data retention remains unnecessary and misguided, as criminals now know exactly how to effectively conceal their internet connections and activities. “The ‘more is better’ principle will only result in internet providers passing on the additional costs of storing this massive volume of data to consumers – making internet use more expensive for everyone, without law enforcement benefiting significantly.”

In the view of the SpaceNet founder, extending data access to state police authorities, intelligence services, tax authorities and even customs is a flagrant violation of the principle of data minimisation. In the case of ongoing investigations, data is shared anyway where necessary – uncontrolled access by a wide variety of bodies, however, violates citizens’ fundamental rights to protection. “The nature of the proposed legislative tightening undermines the valuable principle of the presumption of innocence even more than before and makes trust in German digital policy increasingly impossible.”

SpaceNet had already taken legal action in 2016 against the data retention legislation in force at the time – with success. The Federal Administrative Court confirmed the inadmissibility of blanket data collection, thereby setting a legal milestone for data protection and also for legal clarity for businesses in Germany. In 2022, the European Court of Justice also ruled that the German law at the time was not in compliance with EU law.


About SpaceNet AG

The Munich-based managed full-service provider supports companies, organisations and public sector clients in building, managing and further developing a robust and resilient IT infrastructure. A key focus is on personalised consultancy and the smart implementation of IT security and cloud solutions – with or without AI. Its range of services includes managed IT services, bespoke support – including for non-standard applications – 24/7 support and secure collaboration tools such as Zimbra and Nextcloud.

With over 100 specialists, SpaceNet GmbH supports around 1,200 companies, including ANTENNE BAYERN and the Munich Transport and Tariff Association (MVV). SpaceNet GmbH Munich operates its cloud and IT services from several redundant, high-security centres in Munich; it is certified to the ISO 27001 security standard and operates in accordance with ITIL. The SpaceNet group of companies also includes brück IT GmbH, a systems integrator for solicitors, architects and other independent professionals, and SOFTIQ Deutschland GmbH, which specialises in bespoke software and AI projects. www.space.net

www.space.net

SpaceNet AG

Katja Holzer
Phone: (089) 323 56-181
Fax: (089) 323 56-299
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