Data retention is once again a topic in German politics. After a prolonged period of inactivity, the SPD and CDU/CSU are making a renewed attempt to legally mandate the collection of certain traffic data. This time, the focus is on IP addresses, which are to be stored for a period of three months. The aim is to give law enforcement agencies better tools in the fight against cybercrime and serious offenses.
In Berlin, another step has been taken towards legal regulation. A point from the coalition agreement has now been translated into a concrete draft law. This draft obliges internet providers to document which IP address was assigned to which connection at what time. Data retention has thus regained political priority, albeit in a narrower form than previous models.
Current status of the draft law
The draft legislation is currently being coordinated between the relevant ministries. According to media reports, the law is expected to be passed by the Bundestag in the spring. The governing parties emphasize that this is a necessary measure to close existing investigative gaps.
Why IP addresses should be stored
A key argument for the planned data retention lies in the technical structure of the internet. Users of smartphones, tablets, or other mobile devices typically receive new IP addresses regularly. Without logging these assignments, it is virtually impossible to determine retrospectively which connection was behind a specific IP address at a given time.
For law enforcement agencies, this means that many investigations come to nothing. Digital traces exist, but cannot be definitively linked to a specific person or internet connection. This is precisely where the three-month retention period is intended to come into play, enabling subsequent identification.
Justification provided by the Federal Government
The government points primarily to offenses such as child pornography, online sexual abuse, and online fraud. According to the coalition, perpetrators of these crimes too often go unpunished. The retention of IP addresses is intended to ensure that relevant data remains available for investigations even weeks or months later.
The discussion again focuses on particularly serious and socially condemned crimes. This approach is familiar from previous debates and regularly draws criticism, as such crimes serve as justification for far-reaching measures.
Data protection and legal classification
The German government rejects concerns regarding data protection. It states that only the IP address assigned to a specific internet connection is recorded. The content of the communication is explicitly not affected. The government also states that the creation of movement profiles is ruled out.
It is emphasized that the draft law complies with the German constitution and applicable European law. The confidentiality of communication will be maintained, and access to stored data will only be granted under clearly defined conditions.
Criticism and open questions
Despite these assurances, data retention remains controversial. Critics fear that storing IP addresses will create yet another infrastructure that could later be expanded. Once such data collection is established, its scope can be relatively easily altered for political reasons.
Furthermore, the assignment of IP addresses is also considered a sensitive infringement of the right to informational self-determination. Even connection data alone, without storing any content, allows for inferences about user behavior with reasonable effort.
Data protection in the context of criminal prosecution
The planned data retention law marks another attempt to reconcile security interests with digital fundamental rights. The government is relying on limited storage of IP addresses to make investigations more effective. At the same time, considerable mistrust remains as to whether this limitation will be permanent. The debate once again demonstrates how difficult dealing with surveillance, data protection, and law enforcement in the digital sphere remains. (Image: Shutterstock / Sashkin)
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