Surveillance: SPD wants to examine new data retention with an "open mind"
The SPD is considering video surveillance with biometric recognition, alongside logging IP addresses without cause. The FDP opposes to some extent.
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In view of terrorist attacks, a war of aggression in Europe and "disinformation campaigns and cyber attacks from Russia and China", the SPD parliamentary group is calling for a turnaround in internal security. Part of this should be "effective, modern and at the same time proportionate instruments" for the security authorities. In this context, the Social Democrats are bringing a new edition of suspicion-independent data retention into play, although the first two attempts made in recent years with SPD involvement failed in the Supreme Court.
"We cannot and must not rely on the voluntary storage behaviour of private telecommunications companies to combat the most serious crimes such as terrorism or sexualized violence against children, or to combat hate and agitation relevant under criminal law," writes the parliamentary group in a position paper on strengthening security, which it adopted on Thursday at its closed meeting in GroĂź Behnitz, Brandenburg. "We should therefore examine, with an open mind, how it is possible to store IP addresses in a way that is proportionate, complies with the requirements of the European Court of Justice (ECJ) and is therefore legally secure."
In principle, the ECJ has repeatedly rejected data retention without cause. However, according to recent rulings by the Luxembourg judges, the general and indiscriminate retention of IP addresses may be permissible "for the protection of national security, the fight against serious crime and the prevention of serious threats to public security for a period limited to what is strictly necessary".
The coalition agreement says otherwise
Federal Minister of the Interior Nancy Faeser (SPD) has been campaigning for some time for the retention of IP addresses and port numbers. She has so far received both support and rejection for her initiative from the ranks of the Social Democrats. Federal Minister of Justice Marco Buschmann (FDP), on the other hand, presented a proposal for the freezing of traffic data in cases of suspicion. According to other Liberals, this quick freeze is "legally sound, targeted and protects fundamental rights". The traffic light coalition has agreed in its coalition agreement: In view of current legal uncertainty and security policy challenges, "we will shape the regulations on data retention in such a way that data can be stored in a legally secure manner on an ad hoc basis and by court order". Logging user traces regardless of suspicion would not be compatible with this.
"For the subsequent identification of suspected perpetrators, we need video surveillance at crime hotspots and at large gatherings of people such as public festivals or concerts," the SPD paper continues. The support of biometrics, for example for facial recognition, must also be "technically and legally examined". With its "security package", the German government already wants to introduce a"power for biometric comparison of generally publicly accessible Internet data ('facial recognition')" for the investigating authorities. Critics complain: This is clearly contrary to the coalition agreement and contradicts the EU regulation on artificial intelligence (AI).
FDP formulates more cautiously
Almost at the same time, the FDP parliamentary group also adopted an agenda for "more security in public spaces" at its autumn conference in Hamburg. "It would be wrong to rely on a blanket expansion of video surveillance," the Liberals emphasize. "Cameras cannot prevent crime, but they massively restrict individual freedom." The state should not give people the feeling that "they are being monitored at every turn". At most, it could make sense to install cameras at crime hotspots.
The FDP considers a "stronger police presence with foot patrols in city centers" to be more important. In order to improve the exchange of data between the security authorities, a further reform of federalism is also necessary. The structure of the "many offices for the protection of the constitution" should also be revised.
(mma)
