Revision of Telecommunications Act Constitutional?

In January 2012, Germany’s Federal Constitutional Court declared some parts of the country's Telecommunications Act dealing with the retention and use of telecommunications data to be unconstitutional. During the necessary reform, the Federal Cabinet decided on a revision of the manual disclosure of inventory data ('manuelle Bestandsdatenauskunft'). In eco's view, this section requires some overhaul.

It should be unquestionable that the Constitutional Court considers IP addresses to fall under the privacy of telecommunication and are protected by the basic law. The Cabinet's revised law does not comply with the rules set forth by the court, eco fears. 'In the face of the fact that this has the quality of a breach of the privacy of telecommunication, the present draft of a revised disclosure of inventory data contains only insufficient provisions to guarantee the basic rights. It is especially problematic that it lacks the necessity of an injunction issued by a court or a state prosecutor,' says Henning Lesch, eco's Head of Law & Regulation. 'There has to be a qualified legal basis which fulfils the requirements of the principle of proportionality.'