ABA Journal - Law News Now

Constitutional Law

Germany’s High Court Protects Computer Privacy

Posted Feb 27, 2008, 10:14 am CDT
By Debra Cassens Weiss

Germany’s highest court has ruled that the government may not use spy software to access information on personal computers absent a warrant and exceptional reasons to do so.

The ruling by Germany's Constitutional Court holds that government surveillance of information stored or exchanged on personal computers violates a right to privacy, the Associated Press reports. The decision strikes down a law allowing such searches, Bloomberg News reports.

The government spy technique used software sent in an e-mail to access the hard drive of a suspect’s computer, BBC News reports. Three lawyers were among those who challenged the law.

Some feared the ruling would hamper terrorism investigations, but Justice Minister Brigitte Zypries welcomed the decision. She said it ''strengthened the trust of citizens and the economic system in the integrity and confidentiality of computer systems,'' the AP story says.

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