Bluetooth tracker - Minister: Close loopholes in the law on stalking
Using disk-shaped tracking devices as small as coins to follow people unnoticed via cell phone: This modern form of stalking already exists in Hesse. The state data protection commissioner Alexander Roßnagel told the German Press Agency in Wiesbaden that he had received "complaints in the low single-digit range in this area". Hesse's Minister of Justice Roman Poseck (CDU) spoke of "gaps in criminal liability" in the case of stalking with Bluetooth trackers.
The mini devices with small batteries are designed to locate lost suitcases or stolen cars with the help of many people's cell phones. Hidden in handbags, jackets or even cuddly toys, they can also be used to track ex-partners from a distance, often down to the meter - worldwide.
According to the Hessian Ministry of Justice, these "fortunately" rare cases have so far only been covered by criminal law if certain circumstances apply. For example, "the surveillance would have to be capable of significantly impairing the victim's lifestyle, which cannot simply be affirmed, at least in the case of covert surveillance".
Department head Poseck explained that at the Conference of Justice Ministers in Berlin on November 10, 2023, Hesse and other federal states spoke out in favor of closing these criminal liability loopholes: "Specifically, we are calling for these cases to be treated uniformly under criminal law without the need to prove success or a specific motivation on the part of the perpetrator. These acts are associated with a serious encroachment on fundamental rights, which can have serious consequences for those affected." Federal Minister of Justice Marco Buschmann (FDP) must initiate a legal regulation. "I will be monitoring this development," added Poseck.
Hesse's data protection commissioner Roßnagel also emphasized: "There is no doubt that the unnoticed spying on people's movement profiles using hidden Bluetooth trackers is a serious intrusion into their privacy." However, as long as the private sphere is not exceeded, for example by passing on the data obtained to third parties or by publishing it, the General Data Protection Regulation does not apply.
In view of the "possible consequences for the victim, the usually existing personal relationship between the perpetrator and the victim and presumably often related further criminal offenses, criminal prosecution seems more appropriate", Roßnagel found. In addition, the public prosecutor's offices have investigative powers "that are more efficient in such cases than the powers of the data protection authorities to uncover data protection violations, which are mostly committed by companies and authorities", added the law professor.
Read also:
- A clan member is punished here
- Traffic lawyer warns: Don't talk to the police!
- Will he be convicted as Jutta's murderer after 37 years?
- He also wanted to kill his cousin
- Roman Poseck, the Minister of Justice from Hesse (CDU), has identified "gaps in criminal liability" related to stalking using Bluetooth trackers.
- The German Press Agency reported in Wiesbaden that Hesse has received a small number of complaints about this issue, highlighting the existence of such modern forms of stalking.
- During the Conference of Justice Ministers in Berlin on November 10, 2023, Hesse and other federal states urged the initiation of a legal regulation to close these loopholes in criminal liability.
- Alexander Roßnagel, Hesse's state data protection commissioner, emphasized the serious invasion of privacy involved in using hidden Bluetooth trackers for stalking purposes.
- In his view, criminal prosecution appears more appropriate than only addressing data protection violations through the data protection authorities in such cases.
- These Bluetooth trackers are commercially available devices designed to locate lost items or stolen cars with the help of multiple cell phones, but they can also be hidden in everyday objects to track individuals.
- Despite not falling under the General Data Protection Regulation, the unnoticed spying on people's movement profiles using these trackers raises significant concerns about privacy infringements.
- Federal Minister of Justice Marco Buschmann (FDP) must take responsibility for initiating the necessary legal changes to address these loopholes and uphold the protection of fundamental rights in Germany.
Source: www.stern.de
