For the reliability of queries in dataholds
In order to get to the track that threw a wooden block from a motorway bridge (which led to the death of a woman), investigators have picked up access to connection data of a thousand people. And receive. An apprenticeship over lack of relation, suspected construction and judge reservation.
The reasoned suspicion as a possible result of the data query?
Since january 2008, the data retage law has made sure that certain connection data must be stored for half a year. Access to this data, so the law, but only with a fundamental suspicion of a serious offense. In many cases, in this case, the opinion is represented that the access was justified because it is a murder (which is now charged with the suspicious) by such a serious offense.
Image: police lower saxony
As the reasoned suspicion is constructed here, however, is interesting. So it was neither clear that the tader was a mobile phone even that this was turned on. To what extent the fact that someone has televided in a range of 1.3 kilometers north of the brucke and 1.8 kilometers in a westerly direction, as indication can be evaluated that he could either be witness or even more sensitive, is questionable. It also becomes clear how no longer concrete connection data is requested but reversed connection data generally queried or the providers on the basis of a search parameter from the large pool of the data should be smoked and rendered those who were related to a serious offense. From the query based on a fundamental suspicion to a criminal offense, a query on the basis of a vague amption on the pure possibility of a connection to a serious offense, which counteracts the purpose of the data.
The procedure that has been applied here reminds of the principle ago "operation mikado", in which the banks served as an invoicing assistant. Patrick breyer, lawyer at the working group stock data retention, but here sees a serious difference:
"At operation mikado, it was not even clear that overhead has been committed a serious offense. Here, therefore, strongly suspected and accepted as in the case of the wooden block design, which was at least clear that at the end of the chain is a heavy offense."
Nevertheless, the trap suggests that it was only involved in the case by the delivered data as a witness / suspender in the case. The suspicion of being involved is no longer at the beginning of the investigation activity, but it is queried into the blue into data (or let data queries) to then obtain any suspicious. A practice, which, as part of the mobile phone data of those who were in near the crime scene, was rugged in 2005 from the independent state data protection center schleswig-holstein and – in 2005 still in the case of arson in bad segeberg – received the big brother award in the field of communication. Breyer bounded that this exclusion method continues to make school.
Data query – after a day already unassailable?
Also, the pace that puts the investigators on the day to obtain access to the corresponding data here is an important aspect. Already in the morning after the act, the appropriate judicial decision was signed by the official community entrusted with family ies. The burial for data access: the maaking was unasked, the explanation was otherwise considerably difficult or hopeless. Here, too, the question arises as to what extent the law, which states that the other investigations must be opened, genuss was done. In the course of the investigation, at least about 700 traces were recorded, in the morning after the act, the lease had only begun to see the first of them. The extreme hurry irritated. Patrick breyer:
"For such a hurry, there was no reason because the data must be kept for half a year by the data retage law. Even if you rely on that some providers make use of their possibility, the data only from 01.01.Save in 2009 for a period of 6 months, there are alternatives to this procedure. So the providers want to instruct the data at first ‘freeze’ to access them if necessary at a later time."
Instead, however, it preferred to immediately request the data and access it.
Also, the question of reliability is patrick breyer in this case:
"The data were queried by too many people who have been involved in a long period of time in a rough area around the crime scene."
So the time window of the query was 5 hours. Inquired area of 1.3 kilometers north of the brucke and 1.8 kilometers in a west direction, which ultimately becomes about 10.000 people led that had something to do with the act. Why the time window was saturated so much, is unclear. Or simply printed out: why someone who has phoned 2 hours before or after the act in such a rough area, a nearer examination is undergone whether he is involved in the case, do not really understand.
The reliability is not only questionable in view of the coarse numbers. The corresponding principle prescribes that a maaking must be suitable and necessary, not a ‘milder means’ may be available to allow an enrollment. Since neither realized that the tatter was a mobile phone at her even that he used it, the lane security had begun and by the "normal" investigative methods yes (precisely because there was no hurry) also milder means of froising, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, is not logical, to what extent here the principle of reliability in the investigative decisions on the data query with detection.
Judge reservation – guarantor security?
The case does not last doubt the presentation that a judge reservation is indeed a security for a prior access to data or even a guarantee of it is that decisive, whether for telephone monitoring, data access or house searches, are indeed legitimate. Often enough, only the application is signed, which were presented – another examination does not take place.
In the field of telephone monitoring, the judge reservation was already in 2002 in the research project "efficacy conditions of judge reserved for telephone monitoring" demysticated. According to a personnel needs calculation in early 2000, there was average for a case by a detection judge a time window of 24 minutes. Nevertheless, one still saw no need for investigators – instead, prosecutors and judges should generally be sensitized for the problem.
If you look at how fast house searches are arranged, telephone monitoring or (as in the present case) accesses to dataholds are allowed, so this sensitization is not yet done. Nevertheless, the judge reservation is liked to be advanced if there are new laws, data storives or similarly criticized by citizenships and / or data protectioners. As if the judge reservation is currently an effective protection against which powers are not exploited excessively.
That the courageous tatter nikolai H., ultimately not even found by the mass query, but by "commissioner coincidence", since he himself appeared at the investigators to learn why his DNA tracks were to be found on the wooden block is actually only an additional delicacy for the critics of inventory data retention and the current practice of the judge reservation. And that in the course of the debate about this case on the one hand the emotionalizations increase ("the dead is probably no matter", "this is about murder", "good that you have found the" bruckfel "…"), but on the other hand the word data saving rarely appears rarely, is not really surprising.