Wednesday, February 27, 2008

German Court Says 'Policeware' a Violation of Privacy

Jacqui Cheng writes on ARS Technica:

Government surveillance of citizens' personal computers is a violation of privacy, Germany's highest court ruled today. Citizens' basic right to privacy is protected by Germany's constitution, the court said, a protection that extends to their stored data. "Collecting such data directly encroaches on a citizens' rights, given that fear of being observed... can prevent unselfconscious personal communication," said Judge Hans-Juergen Papier in the court's opinion.

The case began last year when officials in North Rhine-Westphalia began spying on computer-related activities using trojans and spyware (also known as "policeware"). The government apparently had few problems with this, saying that such activities were important in the fight against terrorism. Interior Minister Wolfgang Schäuble even suggested changing German law to give the government more freedom to use policeware and engage in other PC-related surveillance.

More here.

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