In the expert opinions commissioned by the German Bündnis 90/the Greens parliamentary group regarding constitutional conformity in the German law on combating right-wing extremism and hate crime and the Network Enforcement Act (NetzDG), eco sees a clear confirmation of its own assessment and critical analysis of the draft law. The expert opinions of the Research Services of the German Bundestag and Prof. Bäcker reflect eco’s concerns regarding the newly created reporting obligation, which the association expressed both in its (German-language) official statement on the law on combating right-wing extremism and hate crime*, and at the corresponding hearing in the expert committee.
As eco Chair of the Board Oliver Süme states, “Months ago, eco had already expressed considerable concerns on a constitutional and data protection level, which have now been confirmed by the published expert opinions.” Süme continues with the appeal that, “The law must not be allowed to come into force in this way, but must urgently be improved.”
*Concerns expressed in the eco Association statement include the beliefs that:
- The extension of the NetzDG to introduce a reporting obligation for social network operators would lead to numerous legal difficulties for social network operators – especially those based abroad – and to a multitude of violations of the GDPR;
- The obligation to report is constitutionally questionable, given that it is intended to release user data (IP address and port number) purely on the basis of mere suspicion, and without concrete evidence;
- The proposed disclosure of user passwords by telemedia service providers would represent a deep encroachment on user rights and the privacy of users;
- When it comes to proposed data storage with the Federal Criminal Police Office (BKA), greater clarity with regard to data handling and the deletion of data records is imperative;
- The draft law contains a clear lack of constitutional control mechanisms.
