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Time of India
5 days ago
- Politics
- Time of India
Germany's top court limits use of police spy software
Berlin: Germany 's highest court found in a ruling published Thursday that police and other security services could use telecommunications spy software only to investigate very serious crimes. Investigators have long used secretly installed surveillance software on phones and computers to monitor suspects' encrypted messaging services and other communications. The Constitutional Court has now found that this is allowed only in cases where a conviction would lead to jail sentences of more than three years. The judges said such surveillance represents a serious privacy intrusion and must therefore be limited to particularly serious crimes. However, current rules will continue until the law is changed, the ruling said. The court pointed to the "extraordinary reach" of telecoms surveillance in an age where all kinds of individual actions and interpersonal communications can be tracked digitally. The data privacy group Digitalcourage had launched the case, supported by journalists and lawyers. The group had urged more sweeping restrictions but nonetheless welcomed the ruling and vowed that "anyone who attacks our freedom must expect resistance". The German Journalists' Association voiced disappointment, saying the court had "clearly prioritised criminal prosecution over informant protection". "This makes it more difficult for us journalists to protect our sources," it said. The German police union welcomed the decision to allow the continued use of the software in major cases. "In times of terrorist threats, investigative authorities need effective tools for threat prevention and prosecution," said its chairman Rainer Wendt. "With its ruling, the Federal Constitutional Court ensures that the rule of law can protect the population from the dangers of terrorism while simultaneously safeguarding their fundamental rights."
The Star
6 days ago
- The Star
Germany's top court limits use of spy software to serious crimes
BERLIN (Reuters) -Germany's top court ruled on Thursday that law enforcement officials can use secretly installed spy software to monitor phones and computers only in cases that involve serious crimes. German digital rights group Digitalcourage had complained that a 2017 reform allowing police to monitor encrypted chats or messaging services like WhatsApp in certain circumstance with spy software could also affect people who were not suspects. The 2017 reform to the criminal procedure code left the areas where surveillance would be used too open, said the court. According to the court, such surveillance is considered serious interference and thus can only be used for looking into especially heinous crimes. As a result, police cannot monitor telecommunications when investigating crimes that carry a maximum sentence of three years as they are not serious enough. Investigators' authority to secretly search suspects' computers and smartphones is partially incompatible with Germany's Basic Law, said the court, but these provisions will remain in effect until new regulations are enacted. (Reporting by Miranda Murray; editing by Matthias Williams)
Straits Times
6 days ago
- Straits Times
Germany's top court limits use of spy software to serious crimes
Sign up now: Get ST's newsletters delivered to your inbox BERLIN - Germany's top court ruled on Thursday that law enforcement officials can use secretly installed spy software to monitor phones and computers only in cases that involve serious crimes. German digital rights group Digitalcourage had complained that a 2017 reform allowing police to monitor encrypted chats or messaging services like WhatsApp in certain circumstance with spy software could also affect people who were not suspects. The 2017 reform to the criminal procedure code left the areas where surveillance would be used too open, said the court. According to the court, such surveillance is considered serious interference and thus can only be used for looking into especially heinous crimes. As a result, police cannot monitor telecommunications when investigating crimes that carry a maximum sentence of three years as they are not serious enough. Investigators' authority to secretly search suspects' computers and smartphones is partially incompatible with Germany's Basic Law, said the court, but these provisions will remain in effect until new regulations are enacted. REUTERS
