21.05.2024

75 Years of the German Basic Law: 47 Per Cent of Germans See Fundamental Rights on the Internet Jeopardised by State Surveillance

  • eco Association calls for a comprehensive repeal of data retention
  • There must also be no restrictions on the encryption of electronic communication or stored data in the future

The fundamental rights enshrined in the Basic Law for the Federal Republic of Germany (aka German Constitution) also apply in virtual space – in spite of the fact that the Internet did not yet exist when the Basic Law was proclaimed in 23 May 1949. However, many people feel that their civil rights are jeopardised in the virtual space, for example by state surveillance (46.6 percent). 40.5 per cent of Germans see a threat to their freedom of opinion and 42 per cent to their freedom in making decisions about their own data. These were the findings of a representative survey conducted by the market and opinion research institute Civey in May 2024.

In fact, in the past, fundamental rights in the virtual space have repeatedly been called into question. “Therefore, the eco Association advocates for a free, technology-neutral and open Internet that is based on ethical, civil rights and democratic values,” says Oliver Süme, Chair of the Board of the eco – Association of the Internet Industry.

Fundamental rights must also be upheld when it comes to law enforcement on the Internet

Modern technologies should not be misused to violate civil rights: “We are calling for a clear and comprehensive repeal of data retention to ensure citizens’ privacy,” Süme goes on to say. “Additionally, the EU’s AI Act must not be misused as a legal framework for establishing biometric mass surveillance in public spaces. We call on the federal government to uphold the coalition agreement’s promise and to ban biometric recognition in public spaces.”

Furthermore, there should be no restrictions on the encryption of electronic communication or stored data in the future. Similarly, security authorities, state actors and administrations must not take any measures or initiatives that undermine or structurally weaken encryption. SĂĽme is also of the opinion that considerations regarding chat control are incompatible with civil rights.

Protecting civil rights and personal data in the digital world

An independent administration of the Internet by the multi-stakeholder organisation ICANN (Internet Corporation for Assigned Names and Numbers) is also important for our society’s freedom of information and freedom of expression. “The fact that important decisions regarding the administration of the Internet are made freely and democratically today is fundamental for ensuring an independent Internet in the future,” says Oliver Süme.

Regulation of the handling of personal data in Germany and the EU is essential. “The right to informational self-determination of citizens emphasises the right to privacy. The freedom to decide how personal data is collected and used should be guaranteed and strengthened today and in the future. Citizens have a right to have control over the collection, processing and use of their personal information.”

 

75 Years of the German Basic Law: 47 Per Cent of Germans See Fundamental Rights on the Internet Jeopardised by State Surveillance 3eco & Civey: Multiple answers possible / Statistical error overall result: 3.3% / Sample size: 2,517 / Survey period: 26.04.24 – 27.04.24
75 Years of the German Basic Law: 47 Per Cent of Germans See Fundamental Rights on the Internet Jeopardised by State Surveillance