The Constitutional Court will soon decide on the handling of digital data. A journalist’s case creates momentum.
Chats and mobile phones, data and clouds: hot zones in politics and the judiciary. The trigger was the mobile phone of ex-finance general Thomas Schmid – fundus for detectives, opposition, media. Critics and defenders of ÖVP people complained about an invasion of privacy. In addition, mobile telephones and the like are not included in the Code of Criminal Procedure (StPO). The last change dates from 2008, when there were hardly any smartphones.
Dealing with mobile phones a matter for the highest court
“The StPO here is from the stagecoach era,” says lawyer Manfred Ainedter. Now dealing with mobile phones is a matter for the Constitutional Court (VfGH). An official accused of breach of trust had turned to the Supreme Court. He takes action against an order from the StA Klagenfurt. The StPO provisions would conflict with the right to privacy and the fundamental right to data protection.
Speaking of Carinthia: a current case provides extra dynamism. The seizure of the mobile phone and laptop of a Carinthian journalist who had exposed financial scandals in the bureaucracy and referred to confidential documents. Yesterday, the Ministry of Justice said: The proceedings against the journalist have been stopped (see below).
Tension about the decision of the VfGH
The fundamental problem remains. How to handle data? Governments recently fell over chats. The government is also a party to the civil servant’s case. “The wording is technology neutral,” said Christian Manquet, head of the Department of Justice, who defended the current rules at the Constitutional Court on Thursday.
Mobile phones and co. as a “murder weapon”?
Manfred Ainedter, like former chief justices at the “Krone”, says that the StPO must finally be reformed. Report cell phones and the like as murder weapons; Confiscation only by court order and on serious suspicion; Sealing of data pending access by the suspect, that’s private.
Constitutional lawyer Bernd-Christian Funk is skeptical about the implementation of this. “The VfGH is careful, especially when it comes to technical matters. That you don’t always have to adjust everything, but that the interpretation of the applicable law applies.” The Supreme Court is especially sensitive when it comes to interference with personal rights. A ruling from the Constitutional Court is expected in a few weeks.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
