Systematic government access to private-sector data in Germany


German law has long been strongly committed to informational privacy, with protection to be found at the constitutional and statutory levels.
  • Legislation over the last two decades has expanded the ability of the government, including the police and intelligence agencies, to process, store, and share personal information.
  • The leading examples from this study of systematic data access in Germany concern; the leading examples from this study concern ‘strategic searches’ by intelligence agencies, data mining by the police, the structured statutory system for access to the contents of the ‘Anti-Terror File’, and the police's ‘radio-cell inquiries’ pursuant to the Code of Criminal Procedure, section 100g.
  • German unease with systematic data access is shown by current controversies with data retention, a new federal bill for ‘residence reporting’, the abandonment of the ELENA process, and the proposal for a ‘Bundes-Cloud’ that is intended to keep German personal data out of the datacentres of US corporations.

  • Author: Paul Schwartz
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