05.12.2024

Quick Freeze Instead of Data Retention: Internet Industry Association Calls for a Clear Stance on Protecting Fundamental Rights

The current German Bundestag agenda reveals that numerous urgent digital policy issues are to be decided before the end of the legislative term. Among them is the revived debate about IP address storage. This is an issue that, from the point of view of eco – Association of the Internet Industry, must now definitely be resolved.

“The German federal government should use the remaining time to finally establish a legally compliant and civil-rights-friendly alternative to data retention,” explains Oliver Süme, Chair of the Board at eco. “In this way, security on the Internet can also be ensured by alternative and constitutional measures, without jeopardising citizens’ privacy.”

eco Board Member Süme calls on the German Bundestag to refrain from pursuing the storage of IP addresses, which is problematic in terms of fundamental rights. “The Quick Freeze procedure that the coalition has agreed upon is the only legally compliant way forward. It is essential that all parties involved adhere to this position and consistently implement the EU legal requirements.”

The Quick Freeze procedure stipulates that traffic data is “frozen” on a case-by-case basis and only evaluated by a court order in cases of concrete suspicion. From the perspective of the Internet industry, this approach offers a better balance between effective law enforcement and protecting the confidentiality of communications. “We are also calling for the complete repeal of the existing data retention regulations,” Süme adds. “This would finally send a clear signal for the protection of civil rights in the digital space.”

Urgent need for action on key legislative projects

In addition to the debate on data retention, eco urges progress on other key policies to enhance Germany’s digital security and competitiveness. These include, in particular, the KRITIS Umbrella Act, the Mobility Data Act and the transposition of the NIS2 Directive. Germany is under particular pressure here: the European Commission has already initiated infringement proceedings against Germany due to delays in transposing the NIS2 Directive.

“The German Bundestag now has one last opportunity to lay the groundwork for Germany’s digital future,” emphasises Süme. “The federal government must now implement the NIS2 Directive in Germany. The missed deadline has already created great uncertainty for tens of thousands of companies.”

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