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phkamp | 5 months ago

Somehow you overlooked that Article 8 has a second clause, even though it comes right after the bit you quoted ?

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

discuss

order

ErigmolCt|5 months ago

But the key words here are "in accordance with the law" and "necessary in a democratic society." That's a pretty high bar, not a free pass.

jaapz|5 months ago

But it also leaves open the possibility for lawmakers to simply create a new law which allows snooping. What's "necessary in a democratic society" is also pretty open, and can change from one government to the next.

raxxorraxor|5 months ago

That is pretty much a carte blanche, not a high bar at all. We had house searches because someone called an official a dick.

The German "constitution" is simply not very good.

Ir0nMan|5 months ago

>That's a pretty high bar

Really? That reads as the lowest possible bar. The legislature just needs to pass a law that allows for the snooping and it is then in 100% compliance with that section. Not even to mention "necessary in a democratic society", I can't imagine wording more broad than that.

phkamp|5 months ago

Which is /precisely/ what is going on right now:

ChatControl is a proposed new law, in compliance with the EU Treaty.

... Unless the EU courts find the law unconstitutionally broad.

swader999|5 months ago

They shouldn't have even bothered with the first part.

phkahler|5 months ago

That doesn't say what kind of interference, nor does it say anyone is required to provide assistance to them.