Observed Signal · Jun 19, 2020 · Regulation · Source: OnlineMarketing.de · Impact: 3/5 · Sentiment: Negative
Germany expands data sharing with security authorities
The German Bundestag approved a draft law aimed at combating right-wing extremism and hate crime, expanding the Bestandsdatenauskunft (data availability) in suspected cases. The bill obliges telecom and online service providers—such as WhatsApp, Google (including Gmail), and Facebook—to disclose sensitive data of suspects, including passwords and IP addresses. Password access requires judicial authorization, while IP addresses do not, and access is limited to clearly evidenced investigations into serious crimes or to avert danger. The legislation also introduces a reporting duty for social networks under the Network Enforcement Act (NetzDG) to flag certain illegal content to the Federal Criminal Police Office. Additional changes cover offenses like the public insult of the memory of the deceased and expanded penalties for threats, with antisemitic motivation to be considered in sentencing. Critics, including the Greens and privacy advocates, warn about privacy, data security, and practical issues around password storage. The law represents a significant shift in German data-access rules for investigations.
Significant regulatory change affecting data access and privacy considerations in AdTech/MarTech.
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Key Takeaways & Evidence Grounding
- Bundestag adopted the draft bill to combat right-wing extremism and hate crime.
- The bill expands Bestandsdatenauskunft to require providers to disclose data of suspects, including passwords and IP addresses.
- Passwords require judicial authorization; IP addresses do not.
- A new reporting obligation for social networks under NetzDG to report certain criminal content to the Bundeskriminalamt was introduced.
- The law adds offenses such as insults to the memory of the deceased and expands penalties for threats; antisemitic motives will be considered in sentencing.
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