Bundesverfassungsgericht Restricts the Use of "Staatstrojaner"
17 Articles
17 Articles
The German Police will only be able to use the most sophisticated surveillance in telecommunications in case of “very serious crimes”. The Constitutional Court has ruled (1 BvR 180/23) that the use of so-called “State Trojans” is largely in accordance with the Basic Law, but establishes this restriction by virtue of the privacy of communications. The First Senate of the German highest court has declared null and void the so-called surveillance o…
nd.DerTag / nd.DieWoche [Newsroom]Berlin (ots) - The Federal Constitutional Court published its ruling on two state Trojan cases on Thursday - this was about regulations in the German-wide criminal code as well as in the police law of ... Continue reading here...Original content of: nd.DerTag / nd.DieWoche, transmitted by news aktuell
In order to investigate criminal offences, investigators are allowed to read some encrypted messages and secretly search mobile phones. The Federal Constitutional Court now sets new limits for this.
Since 2017, investigators have been allowed to infiltrate mobile phones and computers of suspects with spy software. On the other hand, there have been several constitutional complaints - now the Federal Constitutional Court restricts the powers to monitor.
The powers of criminal investigators under secret use of so-called state Trojans are partially unconstitutional. This has been decided by the Federal Constitutional Court in Karlsruhe. The First Senate declared the so-called source telecommunications monitoring (in short: Source TKÜ) for offences with a maximum prison sentence of up to three years annulled. Thus, it is also retroactively invalid.In addition, the authority of the investigators fo…
The Federal Constitutional Court has set limits on the use of spy software in the investigation of criminal offences.
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