German Constitutional Court: Federal Intelligence Service telecoms surveillance powers are unconstitutional


"In its judgment pronounced today, the First Senate of the Federal Constitutional Court held that the Federal Intelligence Service (Bundesnachrichtendienst BND) is bound by the fundamental rights of the Basic Law when conducting telecommunications surveillance of foreigners in other countries, and that the statutory bases in their current design violate the fundamental right to privacy of telecommunications (Art. 10(1) of the Basic Law, Grundgesetz GG) and the freedom of the press (Art. 5(1) second sentence GG). This applies to the collection and processing of data, the transfer of data thus obtained to other entities and the cooperation with foreign intelligence services. However, statutory bases for foreign telecommunications surveillance can be designed in conformity with the Constitution."

GERMANY: In their current form, surveillance powers of the Federal Intelligence Service regarding foreign telecommunications violate fundamental rights of the Basic Law (Bundesverfassungsgericht, link)

 

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