18 December 2019
"The Austrian constitutional court decided on 11.12.2019 that the surveillance law that permits the use of spying software to read encrypted messages violates the fundamental right to respect for private life (article 8 ECHR), the fundamental right to data protection (§ 1 Austrian data protection law) and the constitutionally granted right that prohibits unreasonable searches (Art 9 Austrian bill of rights – Staatsgrundgesetz).
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See: Austrian Government Hacking-Law Is Unconstitutional (epicenter.works, link)
"The court pointed out, that the there is a huge difference between traditional wiretapping and the infiltration of a computer system in order to read encrypted messages. Information about the personal use of computer systems provides insight into all areas of life and allows conclusions to be drawn about the user's thoughts, preferences, views and disposition. The court criticized especially that the law allowed to use the spying software for prosecuting offences against property which have a low maximum penalty, like burglary (maximum penalty of five years).
Further, the court empathized that the control mechanisms were insufficient."
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