Re: No data retention in germany for donated services

[Sven Anderson <sven@xxxxxxxxxxx>]

Am 05.12.2008 um 10:22 schrieb Seth David Schoen:

> Sven Anderson writes:
> > Karsten N. just sent to the German exitnodes list a link to an  
> > article,
> > which is very convincing and legally well-founded (see below). It
> > explains that any service that is being donated to the public, that  
> > is,
> > without taking money or any other return service (like  
> > advertisements)
> > for it, is _not_ obliged to retain any connection data! Furthermore,
> > since there is no gray area, who isn't obliged to retain data is not
> > _allowed_ to retain data, and can be charged with a fee up to  
> > 10.000 EUR
> > for doing so!
>
> I'm not a lawyer in Germany or any jurisdiction and I don't have any
> knowledge or opinion of the convincingness or legal well-foundedness
> of this article.  I encourage anyone who might want to rely on it to
> seek the expert opinion of a German lawyer.  But I do read German, so
> I've translated Karsten's note and (most of) the text of the article
> below for the benefit of anyone interested in this material who  
> doesn't
> read German.

Wow, that was probably a lot of work, thanks!

However, I want to emphasize that the author of the article, Patrick  
Breyer, IS a German lawyer and wrote his PhD about data retention. [1]  
So I think the article itself can be seen as an expert opinion.


[1] http://events.ccc.de/congress/2006/Fahrplan/speakers/1207.en.html


Best regards,

Sven

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