Re: [anti-spam-wg] Question about German laws

[Michael Horn nibbler@localhost]

Hi Rodney,

On Tue, 7 Nov 2006, Rodney Tillotson wrote:

> Apparently T-Online will destroy all logs for a customer on request,
> in the belief that DE legislation forces them to do so:
>
> http://rss.slashdot.org/~r/Slashdot/slashdot/~3/46086159/article.pl
>
> Does anyone here know whether either part of this is true:
> Is that what T-Online do?
> Does German law say they must?
> Will other providers in DE do the same?

This is correct - but it affects only the case of mr. voss - everybody
else who wants their ip address not to be logged has to appeal in court
against that. my personal opinion is that dtag will ignore that since
there are laws becoming effective next year forcing them to log that.

the judgement just enforces that no unnecessary personal data is recorded.
this is a very good sign that courts actually take privacy laws serious
and enforce them. (which is not necessary as there are loopholes one could
use to construct to sneak out of having to enforce them)
imho the main problem with privacy rights in germany is that there is no
direct penalty for ignoring them. in consequence people that do
datawarehousing face no real risk in theis business...

cheers,
  michael

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