The traffic light coalition is making a new attempt to introduce the Quick Freeze procedure, which is now in the departmental coordination phase. The aim is to secure traffic data on a case-by-case basis and under judicial control. The eco – Association of the Internet Industry welcomes the progress and the renewed attempt to find a solution that is sustainable under constitutional and European law.
“The Quick Freeze procedure can be a legally compliant alternative to data retention,” explains eco Chair Oliver Süme. “Unlike data retention, it offers a solution that utilises the leeway of the European Court of Justice while protecting the privacy of our citizens.”
Süme also emphasises that the coalition agreement calls for targeted, case-specific law enforcement on the Internet, which is in line with the Quick Freeze concept. “However, the specific design of the procedure is crucial,” says Süme. “We are advocating for strict judicial reservation, a clear definition of criminal offences and a limitation to what is necessary and required. In addition, the new regulation should include a comprehensive repeal of the existing data retention regulations in order to send a clear political signal.”
For the Association of the Internet Industry, the new regulation must strike a balanced compromise between the interest in effective law enforcement and the protection of personal data and the confidentiality of citizens’ communications. The aim is also to strengthen citizens’ rights in the digital space. At the same time, affected companies need clarity about the new regulation and how to handle data storage. The Quick Freeze procedure could now finally create a legal framework that complies with citizens’ rights.
The draft from the German Federal Ministry of Justice outlines a two-step approach for law enforcement authorities: initially, traffic data can be “frozen” and then “thawed” upon judicial order in the case of concrete suspicion. This primarily concerns IP addresses, phone numbers and location data, but not the content of communications. This aligns with the coalition agreement, which calls for targeted, case-specific data storage.
Background: In 2022, the European Court of Justice declared German data retention to be in breach of EU law, and the German Federal Administrative Court followed this ruling. Since then, eco has been calling for the consistent repeal of this regulation and has supported this effort in several court proceedings, including the case of SpaceNet AG.
eco supports a Quick Freeze procedure based on the rule of law and advocates for a clear distinction from data retention. The Internet Industry expects a clear stance from the German federal government when it comes to protecting fundamental rights and avoiding unnecessary intrusions into privacy.
