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

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.