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The article is also wrong about the gag orders in Germany. The provider can not tell you that they handed over your data while you are personally under investig
by skrause 13y ago
The article is also wrong about the gag orders in Germany. The provider can not tell you that they handed over your data while you are personally under investigation. If it turns out that you are actually innocent the police is required by law to inform you that they have requested some data about you. That they often "forget" to do so is a different story.
- sergiosgc 13y agoI don't know German law, but I'd imagine it's similar to Portuguese law (which is itself French-inspired): a court case can be secret in the investigation phase, always under mandate by a judge, with explicitly limited secrecy duration. When the investigation phase ends, all those investigated must be notified, even when they are deemed not interesting in the case. Some secrecy is needed to avoid evidence going down the toilet. This model strikes a decent balance, I think.
- skrause 13y agoIn short the situation in many European countries is "the ISP doesn't need to inform you that they handed over your data for an investigation, it's the police's job to do so".
- sergiosgc 13y agoThe police can't request data. Only public attorneys, and even then, only under direct surveillance by a judge. When the first phase of the investigation ends, the ISP may inform the customer. Public attorneys must inform the investigated individual.