Violates listening to the 4th change
The reasoning states that the regulation disproportionately encroaches on telecommunications secrecy.
In addition, the police authorization is indefinite and there are no precautions that conversations in the core area of private life are not listened to or deleted immediately.
In addition, Lower Saxony intervened in the legislative powers of the federal government, since the telephone surveillance is also intended to prosecute.
According to the Karlsruhe ruling, preventive telephone monitoring is only legal if there is a specific reference to the preparation or planning of a criminal offense.
An Oldenburg judge filed a constitutional complaint against the wiretapping that came into force at the end of 2003. He sees this as a violation of the secrecy of telecommunications, because innocent citizens should also be monitored.
According to the regulation, the Lower Saxony police are allowed to eavesdrop on telephone calls and evaluate connection data, location IDs of cell phones, e-mail and SMS traffic even without a specific suspicion.
The Federal Data Protection Commissioner Peter Schaar supported the plaintiff in a radio interview. Schaar said the Lower Saxony police intervened in "a disproportionate manner in the basic right to telecommunications secrecy and in data protection".
The State Secretary in the Lower Saxony State Ministry of the Interior, Roland Koller, defended the regulation. The "preventive telecommunications surveillance" should create opportunities "to prevent criminal offenses or, if necessary, to take precautions for criminal prosecution," said Koller.
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