Jun 24, 2021, 18:54 pm
The German parliament amended two laws on June 10th granting enhanced surveillance powers to segments of the federal police and intelligence services. They allow the use of spyware to hack into phones and computers circumventing encryption used by messaging applications such as WhatsApp and Signal, raising concerns about the right to privacy.
The new federal police law allows interception of communications of “persons against whom no suspicion of a crime has yet been established and therefore no criminal procedure measure can yet be ordered”. This fails to ensure the necessary protection against unjustified and arbitrary interference in people’s privacy, required under international law. Human Rights Watch and the United Nations have pointed out the importance of encryption and anonymity for data protection and the right to privacy.
The government argues that new legislation is needed to keep up with technological developments and claims the new powers are to help federal police stifle human trafficking and undocumented migration.
In 2008, the German Constitutional Court struck down the use of spyware by defining a “right to ensured confidentiality and integrity of information technology systems.” But the government’s new measures push the limits of surveillance. A 2017 law boosting another intelligence agency’s surveillance power is currently under review by the Constitutional Court.
By abusing security vulnerabilities in devices to plant spyware, Germany’s government makes digital communication less secure – and more vulnerable to attacks. Civil society organizations, opposition parties, and even senior members of the ruling coalition have publicly condemned the new laws. The government should retract them before they enter into force to prevent digital communications from becoming insecure and endangering the rights of users.
https://www.hrw.org/news/2021/06/24/germ...y-concerns
The new federal police law allows interception of communications of “persons against whom no suspicion of a crime has yet been established and therefore no criminal procedure measure can yet be ordered”. This fails to ensure the necessary protection against unjustified and arbitrary interference in people’s privacy, required under international law. Human Rights Watch and the United Nations have pointed out the importance of encryption and anonymity for data protection and the right to privacy.
The government argues that new legislation is needed to keep up with technological developments and claims the new powers are to help federal police stifle human trafficking and undocumented migration.
In 2008, the German Constitutional Court struck down the use of spyware by defining a “right to ensured confidentiality and integrity of information technology systems.” But the government’s new measures push the limits of surveillance. A 2017 law boosting another intelligence agency’s surveillance power is currently under review by the Constitutional Court.
By abusing security vulnerabilities in devices to plant spyware, Germany’s government makes digital communication less secure – and more vulnerable to attacks. Civil society organizations, opposition parties, and even senior members of the ruling coalition have publicly condemned the new laws. The government should retract them before they enter into force to prevent digital communications from becoming insecure and endangering the rights of users.
https://www.hrw.org/news/2021/06/24/germ...y-concerns