Political celebrities stumbled upon cell phones. Dealing with the news is highly controversial: is everything really legal?
Thursday in the committee. Eckart Ratz has the word and won’t let go. The ex-OGH president and short-lived interior minister in Ibiza gives lectures on legal issues, gets excited about the WKStA and how to handle chats. “Personal messages are not allowed in the investigation file.” Certainly not in the committee and the media. He feeds the story of the ÖVP. Chats are the root of all Turquoise evil. Knockout from Kurz and Co. included. The big world of small means of communication is hugely controversial.
March 2, 2021, one year before the start of the ÖVP and Corruption Commission. judgment of the Court of Justice. Data may only be extracted and evaluated in the event of “serious crime or a threat to public security”. What does that mean for the debate in Austria?
Legal advice: How to deal with mobile phones?
Professor of Criminal Law Ingeborg Zerbes: “The ruling concerns data retention. The seizure and evaluation of mobile phones is a very different investigative measure that is not covered in the decision.” Nikolaus Forgó, professor of Technology Property Law, believes that if you do the individual case-related tracking of data already stored, “you should want the same for other possible criminals”. This can be discussed, but not under “data retention”.
Walter Obwexer, an expert on European law from Innsbruck, sees two important questions under Union law when evaluating mobile phone data: can stored messages be used as evidence at all? “According to the most recent ECJ case law, exceptions to the protection of personal data should be limited to what is absolutely necessary.” Austria has not yet adopted this.
Can chats be published by the committee that mentions the people without their permission? “The General Data Protection Regulation would conflict with this. However, it is questionable whether this also applies to parliamentary committees.” A question from Austria about this has been with the ECJ since the end of 2021. An answer is not expected until 2023. Maybe in time for the next commission.
Source: Krone
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