Germany’s DPA criticises data retention bill

Andrea Vosshoff, Germany’s Federal Data Protection Commissioner, says that the government bill, due to be debated in parliament tomorrow, 12 June, is a disproportionate interference in German, but also in European fundamental rights. Vosshoff writes, in a 31-page statement, that the proposal fails to respect individuals’ fundamental rights as guaranteed in the Charter of Fundamental Rights of the European Union. Vosshoff also refers to the decision of the European Court of Justice which invalidated the EU Data Retention Directive 2006/24/EC.

The bill proposes mandatory retention of telephone records and computer IP addresses for ten weeks.

‘It is unacceptable that a draft law, which has massive interventions into the fundamental rights of citizens …..and absolute core issues of data protection concerns (particularly in the area of my supervision under their telecommunications and security agencies), is de facto carried out without my participation.’ She says she was given just 30 hours to comment.

See DPA’s position paper (in German) and http://www.euractiv.com/sections/infosociety/german-watchdog-doubts-constitutionality-data-retention-plans-315291