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(Jan 02, 2008) On December 31, 2007, Germany promulgated the Act Reforming Telecommunications Surveillance and Other Covert Investigative Measures and Transposing Directive 2006/24/EC (Gesetz zur Neuerung der Telekommunikationsüberwachung und anderer verdeckter Ermittlungsarten sowie zur Umsetzung der Richtlinie 2006/24/EG, BUNDESGESETZBLATT I at 3198). The Reform Act serves to transpose the European Union Directive 2006/24/EC (2006 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES L 105/54), according to which providers of telephone services must keep data of customers' phone calls, including time, place, and the name of the recipient, for a six-month period. The German transposition lives up to these requirements, but exempts records on calls to and from pastoral advisors and attorneys. Only the communications data, not the content of the communications, must be stored and the data can be accessed by law enforcement only on the basis of a judicial warrant. The provisions relating to this storage of personal data are scheduled to become effective in 2009. Other reform measures effective as of January 1, 2008, include an enhanced catalog of offenses for which telephone surveillance can be imposed, a ban on surveillance of communications relating to the private sphere of individuals, and the requirement to inform persons subjected to surveillance of the measures after certain periods.

Author: Edith Palmer More by this author
Topic: Communications More on this topic
Jurisdiction: Germany More about this jurisdiction

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Last updated: 01/02/2008