Federal government: Another U-turn on data retention

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Federal government: Another U-turn on data retention


The federal government is now aware of the need to consult again on New Year’s Eve, after deputy government spokesman Christian Hofmann surprisingly announced on Monday that the federal government is in favor of introducing an IP storage requirement. This was announced by the second deputy government spokesman, Wolfgang Buchner, in the afternoon in Berlin.

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The federal government intends to have “a good solution,” Buchner said. However, the federal government’s discussions “are clearly not complete.” He also does not see any contradiction in the previous statements. However, they were clear: “The situation is that we need a legally protected obligation to store IP addresses.” The 2021 alliance agreement did not contain a provision for mandatory storage, which would mean data retention without any reason. Instead, “it must be possible to store the data in a legally secure, incident-related manner and by court order.”

Buchner’s statements today are another about-face declaration: “It is about the legally secured obligation to store IP addresses, which is essential in the fight against crime and terrorism and now declared by the European Court of Justice not only permissible but also necessary. “has been declared,” explained Christian Hoffmann at a government press conference on Monday. She is the first deputy government spokesperson appointed by the Greens. In another email to reporters working in Berlin on Monday evening, he clearly reiterated this position: “The federal government would be ready to present it.”

At that time the same consensus was reached in government circles also. However, this was not agreed upon by ruling party factions in the Bundestag or with all ministries, as revealed by several independent sources online. After the report appeared on Heise Online on Monday, a renewed need for advice at the end of the year was announced, resulting in a statement today from Second Deputy Government Spokesperson Buchner that the federal government no longer has a final position.

The main negotiator responsible for the Greens in controversial cabinet matters is their candidate Chancellor Robert Habach, Vice-Chancellor and Federal Minister for Economic Affairs. According to the coalition agreement, the data retention issue is handled by the Federal Ministry of Justice, for which Volker Wissing, a liberal who is now without party register after leaving the FDP, is responsible. Federal Interior Minister Nancy Feser (SPD) clearly spoke out in favor of IP data retention. But last April, shortly before the European Court of Justice announced the HADOPI decision on IP storage, Chancellor Olaf Scholz (also SPD) agreed with then Justice Minister Marco Buschmann (FDP) that the coalition wanted to implement quick-freeze legislation. . Instead the proposal – within the framework of former interior minister Feser and the coalition agreement. In return, the SPD should get an extension of the so-called fare break. But when the FDP left the federal government in November, the quick-freeze had not yet been passed by the Bundestag.


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