Unsanctioned retention of IP addresses appears to be resurfacing.
The European Court of Justice sets strict guidelines on data retention handling, yet Germany is pushing for the resurrection of IP address storage without cause as a response. However, the last decision hasn't been made yet.
The Bundesrat has proposed a new, lawfully sound data retention method to grant investigators more resources in severe cases. An initiative from Hesse advocating for the temporary, unrestricted storage of IP addresses to combat serious crimes like child abuse gained majority support. Currently, the Bundestag is handling the proposal.
In the absence of forced data storage by telecommunications providers, investigative success would hinge on luck, stated Hesse's Minister-President, Boris Rhein, before the vote in the chamber of states.
The European Court of Justice ruled in a September 2022 verdict that the storage of telecommunications data for the investigation of criminal offenses in Germany was subject to strict limits. The judges determined that Germany's currently suspended data retention regulation contradicts EU law. However, they also suggested that the retention of IP addresses under specific circumstances was permissible for combating serious crimes.
FDP Supports "Quick Freeze"
Federal Minister of Justice Marco Buschmann currently advocates for the "Quick Freeze" method, where data is only kept when a serious crime is suspected. Federal Minister of the Interior Nancy Faeser supports a lawfully sound form of IP address storage. Nevertheless, Buschmann linked this matter to his approval for the extension of the rent brake, which is crucial to the Greens and SPD, in discussions with Federal Chancellor Olaf Scholz.
"This law marks a significant leap for improved investigative capabilities," commented Saxony's Interior Minister Armin Schuster. "With this legislative initiative, the states can close a significant security gap in the current security package being negotiated by the traffic light coalition," he added.
The proposal to temporarily and unrestrictedly store IP addresses to combat serious crimes like child abuse has gained majority support, highlighting the urgent need for such measures in certain situations. Despite the European Court of Justice's rule that Germany's current data retention regulation contradicts EU law, the judges suggested that the retention of IP addresses under specific circumstances could be permissible for combating serious crimes.
