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To add a bit, obviously this was outside of Germany's borders and direct jurisdiction. Does that mean a German citizen can use German public money to perform ac
by lucb1e 4y ago
To add a bit, obviously this was outside of Germany's borders and direct jurisdiction. Does that mean a German citizen can use German public money to perform actions that are against the convention on human rights abroad? And, similar to how the getaway vehicle provider gets a different sentence than the mastermind who also held the gun, probably there is reduced responsibility here. But is there none at all?
And all this is still besides the question whether the employment was necessary and the least-invasive method possible. If you can prove a need greater than the lost privacy, as well as the lack of an alternative option, if I understand how the system works correctly, then it's perfectly legal also inside of Germany.
- Grollicus 4y agoGerman law knows no jurisdiction boundary for german citizens. A german that breaks german law but can't be charged in the country were they did it can still be charged in germany. (Weltrechtsprinzip)
- davrosthedalek 4y agoThe Weltrechtsprinzip only applies for a limited set of laws. I am not sure this would fall under them.
- xcambar 4y agoAlso, the Weltrechtsprinzip doesn't seem to be specific to Germany. Is there something in its German flavor that is remarkable?
- Xylakant 4y agoThe list of laws can be found here (German) https://de.m.wikipedia.org/wiki/Weltrechtsprinzip https://de.m.wikipedia.org/wiki/Weltrechtsprinzip and almost certainly does not cover this. However, you could try to argue that § 5 StGB 12 (Auslandstaten mit besonderem Inlandsbezug) applies https://www.gesetze-im-internet.de/stgb/__5.html https://www.gesetze-im-internet.de/stgb/__5.html “Taten, die ein deutscher Amtsträger oder für den öffentlichen Dienst besonders Verpflichteter während eines dienstlichen Aufenthalts oder in Beziehung auf den Dienst begeht” Now, all of this first requires that a crime was committed - and that’s not even clear. If the collection happened on the basis of a law, doing the collection would not be a crime. The article shows no proof that the Bundeswehr mishandled the data.