WD report: Hate speech law is partly unconstitutional

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The Scientific Service of the Bundestag (WD) raises doubts about the constitutional conformity of the law passed in June to combat hate crime and right-wing extremism.

Some of the powers to transmit and retrieve so-called inventory data of Internet users went too far, because they did not link data access to any noteworthy prerequisites, according to a report reported by the "Süddeutsche Zeitung" (Thursday edition). Because the retrieval of such information as name, address or date of birth means an encroachment on fundamental rights.

Not a particularly deep intervention, it is not really sensitive information. Nevertheless, according to the Federal Constitutional Court: "Even information about data whose meaningfulness and possible uses are narrowly limited must not be allowed in the dark." The authors base their report, which was prepared on behalf of the Green Group, on a decision of the Federal Constitutional Court of July 17 on the handling of inventory data at telecommunications providers.