Bad luck for Germany: With the planned data retention does not want to and will not work. After the German legislature last year before the Higher Administrative Court for North Rhine -Westphalia had the buck, he has now failed in Cologne. The court there mean that the data retention violates EU law. Not a simple thing so ...
Data retention has been suspended since summer 2017
Specifically, the dispute was at the Administrative Court of Cologne, the German Telekom, which had - successfully and by court order confirmed - against the data retention of the connection data of their customers had refused. In general, the data retention since the summer of 2017 is not an issue and shut down due to the negative judgment in North Rhine-Westphalia then by the Federal Network Agency. Clear case of bad luck for the German legislator - and lucky for the affected customers or the companies.
Not compliant with EU law
Spoken in legal language, the Cologne Administrative Court argued the refusal as follows: That the rule wants to initiate a "general and indiscriminate storage of all traffic and location data of all participants and registered users in relation to all electronic means of communication". And that is exactly not the case law of the European Court of Justice.
The German legislator had double misfortune in Cologne with its data retention in Cologne. Also at the end of April, the Munich-based provider Spacenet, together with Eco, the German Association for the Internet Economy, was successful in bringing proceedings before the administrative court - according to Eco. In general, history is the data retention but despite the meanwhile three judgments not. Eco also states that an appeal and the leap revision to the German Federal Administrative Court in Leipzig is possible. We think that the German legislator certainly will not give up and continue. Maybe he succeeds in the next instance with his unpopular data retention?