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Germany's blanket data retention law is illegal, EU top court says

reuters.com

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Re: Germany's blanket data retention law is illegal, EU top court says

#81

Earlier quoted context omitted.

Is there not a limit case? Would you tell people in China, "if you are disappointed with politics, vote in your People's Congress elections?"

Assuming there's a choice, I'm not familiar with Chinese elections, then yes. Why not vote? What is the advantage of that?

Voting provides legitimacy to the winner of the election and to the election process itself.

If you disagree with both of those things, voting has no positive and results only in negatives.

Re: Germany's blanket data retention law is illegal, EU top court says

#82

Earlier quoted context omitted.

People might view it as giving legitimacy to a process.

The process of voting is legitimate. Does giving legitimacy to voting accomplish anytime? What about protesting the system by not voting, does that do anything?

Totally disagree.

Re: Germany's blanket data retention law is illegal, EU top court says

#83

Interesting that it was a German law. I was under the impression that German law was pretty conservative on data collection.

In general, yes, and I think Germans are (at least in theory) much more protective of their data than others. Nonetheless, every government since the late 00s has been trying to push this through in one form or another. I suspect there is heavy lobbying from within the professional bureaucracy (including police and IC) for this. Possibly also diplomatic pressure from countries like the US.

Gestapo always trying to sneak its way back in silently in the background. And it's not just Germany either, it's quite annoying how backsliding into an anti-democratic surveillance state is now the default and needs to be constantly fought.

Perhaps it's "always has been", it's just laughably easy to do with software these days.

Re: Germany's blanket data retention law is illegal, EU top court says

#84
post #3

Our data retention laws get overturned all the time. Usually already by our constitutional courts. Sadly our politicians don’t care much and don’t get punished, so they just try it again and again and again and usually it’s in effect for a while before the courts give judgement. I really can’t explain where Politikverdrossenheit (political apathy) comes from. edit: The last sentence is sarcasm

Don't worry. Today's newspapers reports that our fine ministerin is already looking to find and exploit loopholes in the judgement and will try to implement as much as possible [1]. It's a shame. We tend to criticize EU for a million valid reasons, but once in a while when they do something right, our government first reflex is to just ignore it. [1] (German) https://www.zeit.de/politik/deutschland/2022-09/vorratsdat…

The coalition she's part of already said that they are against indiscriminate data retention, so I'd say the chances of her getting her will are slim.

Though if the next cabinet in a few years includes the CDU (christian democrats), they'll try again.

Re: Germany's blanket data retention law is illegal, EU top court says

#85
post #3

Our data retention laws get overturned all the time. Usually already by our constitutional courts. Sadly our politicians don’t care much and don’t get punished, so they just try it again and again and again and usually it’s in effect for a while before the courts give judgement. I really can’t explain where Politikverdrossenheit (political apathy) comes from. edit: The last sentence is sarcasm

Out of curiosity, doesn't Germany have the equivalent of a constitutional watchdog? For example in Estonia, the president fills this role (as do some other constitutions, but the president is a good example in this context). The president is otherwise a purely ceremonial figurehead in Estonia, but one functional role they fill is that before any new bill becomes law, they have to sign off on it and declare it's const…

We do, pretty much the same as your situation. However, it doesn't happen very often that the Bundespräsident actually does this. Their role is almost purely ceremonial and I could count the cases on one hand where they used this power. Some legal professionals argue, that this check is basically a ceremonial one as well.

Re: Germany's blanket data retention law is illegal, EU top court says

#86

Interesting that it was a German law. I was under the impression that German law was pretty conservative on data collection.

In general, yes, and I think Germans are (at least in theory) much more protective of their data than others. Nonetheless, every government since the late 00s has been trying to push this through in one form or another. I suspect there is heavy lobbying from within the professional bureaucracy (including police and IC) for this. Possibly also diplomatic pressure from countries like the US.

Don't forget the companies that provide the means to eavesdrop everybody.

Re: Germany's blanket data retention law is illegal, EU top court says

#87
post #81

Earlier quoted context omitted.

Assuming there's a choice, I'm not familiar with Chinese elections, then yes. Why not vote? What is the advantage of that?

Voting provides legitimacy to the winner of the election and to the election process itself. If you disagree with both of those things, voting has no positive and results only in negatives.

If it has no positives what are the negatives?

Re: Germany's blanket data retention law is illegal, EU top court says

#88

Earlier quoted context omitted.

The process of voting is legitimate. Does giving legitimacy to voting accomplish anytime? What about protesting the system by not voting, does that do anything?

> The process of voting is legitimate. What do you mean by this? If I (a dictator) were to hold an election but require 90% approval to unseat me, that would be a "legitimate" process because it includes voting? Do you not understand what I am saying? > What about protesting the system by not voting, does that do anything? Arguably yes. Afghanistan's state legitimacy collapsed as basically fewer than 10% of people vo…

What event in Afghanistan are you referring to and can you prove it was because of a lack of legitimacy due to lack of voter participation?

Re: Germany's blanket data retention law is illegal, EU top court says

#89
post #82

Earlier quoted context omitted.

The process of voting is legitimate. Does giving legitimacy to voting accomplish anytime? What about protesting the system by not voting, does that do anything?

Totally disagree.

Why?

Re: Germany's blanket data retention law is illegal, EU top court says

#90

Earlier quoted context omitted.

Assuming there's a choice, I'm not familiar with Chinese elections, then yes. Why not vote? What is the advantage of that?

Of course there is a choice. You get "Person A" from the CCP or "Person B" from the CCP. I mean even in the DPRK, you can vote for whoever you want. Its what happens afterwards..

So you are claiming in the DPRK voting is rigged? Do you have proof of this?
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