Focus on law enforcement: FPÖ calls for clear rules for data backup!

Focus on law enforcement: FPÖ calls for clear rules for data backup!

Laimgrubengasse 10, 1060 Wien, Österreich - The discussion about ensuring cell phone data is illuminated by the statements of the FPÖ judiciary Harald Stefan. In an explanation, he explained that freedoms do not hinder the effectiveness of law enforcement, but would like to adhere to the requirements of the Constitutional Court (VFGH) and the European Court of Justice (ECJ). "We only want to implement measures that take into account the basic protection of civil rights," emphasized Stefan. The proposal for mobile phone security stipulates that data is only used for law enforcement and are not to be provided to the public prosecutor in order to avoid abuse, said {{ots.at}.

The regulations for searching and seizure of evidence, according to criminal procedural law, are clearly defined. Sections 102 ff. StPO stipulates that searches can be carried out both to find evidence and the capture of accused. While the search for the suspect can be prompted directly by the investigative authorities, there must be clues for suspicion when searching for third parties. A search decision is usually necessary, but in the event of "danger in default", the public prosecutor can also learn how {{juracademy.de}} explains.

essential legal framework conditions

The legal framework provides that only the data that is relevant for the ongoing investigation may be used. This is a consideration between the protection of fundamental rights and the need to impose punishments. In this way it is ensured that the evaluation of the data remains the privacy of citizens. Stefan also makes it clear that the implementation of these measures should be transparent, so that the courts are responsible for data analysis and not the public prosecutor's office to prevent abuse