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As a German native I think you're a bit off both on translation and based on understanding of the foundations of the German constitution. No constitutional law
by thenaturalist 4y ago
As a German native I think you're a bit off both on translation and based on understanding of the foundations of the German constitution.
No constitutional law expert myself, trying to contextualize in the hope it helps:
Core pillars of the German constitutional system are informational self-determination (i.e. personal data has a very high degree of protection under the constitution, see Germany's history) and proportionality (in using its powers, the state must choose methods appropriate to specific situations, obv. to hinder misuse of power - see Germany's history again).
So the ruling in essence, as I understand it, says among other things:
1. Automated data analysis needs to respect informational self-determination of anyone (i.e. no data mining per se on people who are not suspects for a given type of crime being investigated)
2. Automated data analysis needs to be proportional, meaning that the purpose of running any analysis "for the benefit of the public" must be reasonably well established and the analysis must have a strict goal.
I.e. if John stole something, you have to analyse the data such that you can credibly prove that identification for theft was the purpose.
Starting with looking for thieves but ending up identifying X movie pirates, Y weed consumers etc. is not proportional and crosses the right to informational self-determination.
So in the above example, the movie piraters and weed smokers might have not had an official investigation into their offenses on record, so by law the presumption of innocence must hold - you cannot do blanket investigations without reasonable cause under German law.
In the final paragraphs, the text actually states under which conditions automated data analysis would fullfil constitutional requirements:
1. The legislative needs to codify which data points exactly can be used for a given offense where offenders are to be identified with data analysis. Laws also need to explicitly codify limits of usable data.
2. If automated data analysis is performed by authorities, they must document the reason for initiating an analysis, the methods chosen, the criteria for labeling the outputs as "guilty/innocent", document the entire procedure and be able to release all of it to the public domain so that public data protection officers - or anyone else - can audit the results.
All of this sounds super reasonable to me.
To be clear, automatic data analysis for the purpose of extreme threats to national or public security are exempt if I understand correctly. These would be cases where it is proportional to perform such analyses for the greater good.
But you cannot do mass number crunching on ordinary citizens.
Yay in my book.
- patates 4y ago> personal data has a very high degree of protection under the constitution, see Germany's history Forward to recent years, not an insignificant amount of people start to hate this data protection nonsense because they have to pass documents across even government offices, which could happen automatically in a digitized world, while adtech always manages to track all the things.
- Xylakant 4y agoThat's not a data protection problem, however. No data protection law forbids digitization of government services. It's a common excuse, though. The primary issue limiting digitization of government services is federalization. A lot of software is just incompatible, outdated, broken. There's no central agency that can enforce standards across the states or (gasp!) municipalities - every city essentially can use whatever and buy wherever. There are no economies of scale leveraged, no central standards, few qualified technical and management personnel on the buyers side. And the federal government has no mandate to enforce any of this. Contrast that with the UK, which created gov.uk as the central authority on digital citizen services.
- orangeoxidation 4y ago> That's not a data protection problem, however. No data protection law forbids digitization of government services. It's a common excuse, though. It's a super weird one as well. There's no extra special data protection rules for digital data vs. data on paper. Are they admitting they violate privacy laws already? Or do they want to change the information flow while going paperless? If so, why, and why is it necessary to go digital at all?
- c4mpute 4y agoIn some cases (taxes mostly) digital data has been associated with government-wide identifiers that make profiling citizens across all government agencies possible and easy. Linking even more data automatically and without asking the affected citizen to those identifiers rightfully gets pushback. Paper often uses the same identifiers, but being paper, isn't automatically linked to all the other papers in other filing cabinets somewhere...