German privacy commissioner worried about anti-terrorism laws

In Berlin to present his 2004 report, Germany's data protection commissioner said that the country's
anti-terrorism measures could undermine hard-won civil liberties.

Data Protection Commissioner Peter Schaar was courting controversy Tuesday when he said that the
sweeping anti-terror laws introduced by the government in the wake of the Sept. 11, 2001 attacks in
the United States undermined basic protection from state snooping into private lives.

Schaar cited new bank laws about to be introduced by the German government as one example of
legislation getting out of control.

"This is an example of how well-intended rules to dry up the financial resources of international
terrorism are being expanded to snoop into private affairs," he said. "By allowing state
authorities, including the revenue service, wider access to individual banking data, privacy laws
are clearly being violated. I have grave concerns about these procedures and hope the constitutional
court will take them into account when it reviews the legislation."

Exercising the veto right

Schaar also criticized plans by some European governments to increase the time span over which
telecommunication companies are obliged to store data on telephone calls and Internet usage. Such
records are currently kept for three months, but five EU countries, including Germany, want to see
this extended to one year. Schaar questions whether such a move would really help investigators in
terrorist cases, fearing Internet providers could end up being misused by governments

"I see this extremely critically," he stressed. "I'm glad the German parliament is also voicing
criticism. I hope that the government will use its veto power in the EU against these plans in
Brussels."

"Half-baked technology"

German Interior Minister Otto Schily, however, is unlikely to do that. After a meeting with his
counterparts from Britain, France, Italy and Spain last month, he said that these kinds of data can
be crucial to prosecuting terrorist crimes. Schily also seems determined to press ahead with the
introduction of biometric ID cards and passports -- which has annoyed Schaar.

"We cannot accept the introduction of half-baked technology and unsafe procedures," insisted Schaar.
"Simply because the Unites States threatens us with tougher immigration regulations."

Schaar sees huge safety gaps emerging after the hasty introduction of the new IDs planned in German
for this autumn. He says errors in design could easily allow unauthorized access to the data stored
on them and has called for a moratorium on the introduction of the new technology until it has been
found to be safe. He says the project could be halted until summer 2006.

DW-Links

Law Allows Officials to Access Bank Details
http://www.dw-world.de/dw/article/0,1564,1528952,00.html
A decision by Germany's highest court Wednesday allowed tax and welfare offices to peek into
citizens' bank accounts if they suspect fraud or tax evasion. Critics fear a breach of personal
rights. (March 24, 2005)

German In-Fighting Threatens EU Terror Initiatives
http://www.dw-world.de/dw/article/0,1564,1386282,00.html
European investigators have called for more efficient cooperation in the fight against terrorism.
But conflicts of interests and privacy issues, especially in Germany, are undermining
investigations. (Nov. 5, 2004)

Germany Toys With New Big Brother Technology
http://www.dw-world.de/dw/article/0,1564,1070970,00.html
While Germany's toll system for heavy trucks flounders, a new Big Brother for the country's roads is
already in the planning: a surveillance system of cameras installed at important traffic junctions
to track criminals. (Dec. 29, 2003)

(c) DW 2005
http://www.dw-world.de/dw/article/0,1564,1557405,00.html