The debate over data retention in Germany has gained fresh momentum. While the duration of storage was the primary sticking point in recent discussions, the German government has signaled a willingness to reopen broader discussions, according to statements from government spokespersons.
Three Proposed Bills in Parliament
Currently, three legislative proposals are under consideration in the Bundestag to address data retention regulations:
1. CDU/CSU Proposal: Advocates for mandatory storage of IP addresses and restoring the ability to access mobile cell site data. Proposed retention period: three months.
2. FDP Proposal: Suggests introducing a safeguard order for traffic data under criminal procedural law. However, this bill is seen as having slim chances of success following the dissolution of the “traffic light” coalition.
3. Bundesrat Proposal: Proposes a one-month retention of IP addresses, including any assigned port numbers, to combat serious crime.
These proposals are currently under review in parliamentary committees, with the Legal Affairs Committee taking the lead.
Government Softens Its Stance
The government had previously held a firm position on the “legally secure obligation to store IP addresses,” emphasizing its importance in combating crime and terrorism. Government spokesperson Christiane Hoffmann reiterated this stance in late December 2024, citing support from the European Court of Justice, which deemed such measures permissible and necessary.
However, on January 3, 2025, Deputy Government Spokesperson Wolfgang Büchner hinted at a shift. Büchner stated that the government was working toward a “good solution,” adding that discussions were “clearly not concluded.” This indicates that Hoffmann’s earlier comments may not have been fully coordinated with all coalition parties and ministries.
Opposition from the Internet Industry
The eco – Association of the Internet Industry has once again voiced strong opposition to blanket data retention measures. Its Chairman, Oliver Süme, pointed to rulings from the European Court of Justice (2022) and Germany’s Federal Administrative Court (2023), both of which deemed such practices unconstitutional. Süme argued that indiscriminate mass storage of private IP addresses not only violates fundamental rights but also fails to provide significant value in prosecuting the crimes it is often invoked for. He urged the government to adhere to the 2021 coalition agreement, which calls for data storage only in specific cases, authorized by a court.
Conclusion
The ongoing debate over data retention laws underscores deep divisions among policymakers and stakeholders. While the government reconsiders its stance, critics are pushing for clearer boundaries and an end to indiscriminate data storage mandates. The outcome of this legislative process will shape Germany’s approach to balancing privacy and security in the digital age.
News Source:RA Florian Hitzelberger，This article does not represent our position.
