Association of the Internet Industry Calls for Consistent Repeal of Data Retention

At the request of the German CDU/CSU parliamentary group, the Legal Affairs Committee will today once again discuss the retention of private IP addresses. This is in spite of the fact that, on 22 September 2022, the European Court of Justice (ECJ) already ruled that the German regulations on data retention are not compatible with Union law. With its ruling of 7 September 2023, the Federal Administrative Court in Leipzig upheld this ruling, which effectively put an end to the protracted legal battle over data retention. But now, new debates are emerging in the context of combatting depictions of abuse.

Oliver Süme, Chair of the Board of eco, explains:

“Combatting child abuse online is an important goal that eco has been strongly committed to for over 25 years via its Complaints Office activities and in close cooperation with law enforcement agencies. However, regulations must not curtail the most protected area of the right to privacy. The German federal government and the members of the German Bundestag should finally renounce any concept of data retention and repeal the current regulations. Germany must also abide by the ECJ’s ruling. Instead of arguing time and again about data retention, the German federal government would do better to promptly discuss alternative solutions such as Quick Freeze or the ‘Login-Falle’ (login trap) and initiate the necessary dialogue on such solutions.

“Unfortunately, we also currently see the danger that civil rights will be disproportionately infringed in the EU Commission’s proposal for a ‘Regulation on laying down rules to prevent and combat child sexual abuse’. Here, too, the planned regulations would ultimately lead to general surveillance, counteract important end-to-end security technologies and rely on blocking of Internet content instead of consistently working to take down depictions of abuse by expanding and strengthening cooperation. Ultimately, the planned CSAM Regulation will not hold up before the ECJ, any more than data retention has.”

eco appeals to the government to respect the decisions of the ECJ and the German Federal Administrative Court and to immediately repeal the regulations on data retention. Security on the Internet can be safeguarded by alternative measures based on constitutional law, without endangering citizens’ privacy.