Disclosure Of Telecommunications Data To Security Agencies – Unconstitutional

The German Constitutional Court has ruled that section 113 of the German Telecommunications Act, which supports the disclosure of information by telecommunications providers to German security and intelligence agencies is unconstitutional and violates the fundamental right to privacy.

Section 113 stipulates that when asked to do so, telecommunications service providers must disclose to the German security authorities information about their users. This includes information collected as part of the contractual relationship with the customer (including date of birth and bank account information) as well as information about the customer's use of the services, such as the customer's dynamic IP address. Authorities may request this information when necessary for investigation or prosecution of a criminal or administrative offense, to protect public safety and public order, or to perform tasks assigned to the security agency by law.