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).
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."
Spotted an error? If you've spotted a problem with this page, just click once to let us know.
Statewatch does not have a corporate view, nor does it seek to create one, the views expressed are those of the author. Statewatch is not responsible for the content of external websites and inclusion of a link does not constitute an endorsement. Registered UK charity number: 1154784. Registered UK company number: 08480724. Registered company name: The Libertarian Research & Education Trust. Registered office: c/o MDR, 88 Fleet Street, London EC4Y 1DH, UK. © Statewatch ISSN 1756-851X. Personal usage as private individuals "fair dealing" is allowed. We also welcome links to material on our site. Usage by those working for organisations is allowed only if the organisation holds an appropriate licence from the relevant reprographic rights organisation (eg: Copyright Licensing Agency in the UK) with such usage being subject to the terms and conditions of that licence and to local copyright law.