BERLIN — Germany’s high court on Wednesday ruled government surveillance of personal computers and electronic communication violates individuals’ privacy rights. In a move that must have been choreographed with Washington, some German officials decried the ruling, saying it will hamper their efforts to fight terrorism.“Collecting such data directly encroaches on a citizen’s rights, given that fear of being observed… can prevent unselfconscious personal communication,” presiding judge Hans-Juergen Papier of the Karlsruhe-based Federal Constitutional Court said in his ruling.
Much as in the U.S., German federal investigators monitor some electronic communications covertly, and the practice has been the subject of heated debate. The ruling put a stop to it in all but the most narrowly defined cases. “Secret infiltration” of computer systems and covert spying on suspects only can be allowed “if clear evidence of a concrete threat to a prominent object of legal protection exists” and authorities have received permission from a judge, Papier noted in his ruling.
The U.S. Congress is embroiled in a similar battle with the administration of President George W. Bush. So far, the House of Representatives has refused to incorporate immunity for telecommunications companies accused of aiding the federal government in covert spying on ordinary citizens into a replacement for an expired surveillance act. Insisting clear and present danger from potential terrorists demands some violation of Americans’ civil liberties, Bush refused to sign any bill that did not include the immunity provisions. The Senate capitulated, but the House remains defiant — and the U.S. remains without a law allowing intelligence groups to intercept foreign and domestic electronic communications without a warrant.
About the German court’s ruling, Interior Minister Wolfgang Schaeuble said, “I hope that the insecurity felt by young people will be tempered by this decision; it shows that our government… protects the people’s rights.”
Justice Minister Brigitte Zypries also applauded the decision. It “strengthened the trust of citizens and the economic system in the integrity and confidentiality of computer systems,” she said.
