Austria’s Top Court Says Police May Not Install Surveillance Malware On Computers And Phones, Nor Collect Vehicle And Driver Information Covertly
December 20, 2019 Court, Featured News, Non-U.S., Surveillance
Glyn Moody writes:
One of the features of surveillance in Germany is the routine use of malware to spy on its citizens. The big advantage for the authorities is that this allows them to circumvent end-to-end encryption. By placing spy software on the user’s equipment, the police are able to see messages in an unencrypted form. Austrian police were due to start deploying malware in this way next year. But in a welcome win for digital rights, Austria’s top court has just ruled its use unconstitutional (in German). The Austrian Constitutional Court based its judgment on the European Convention on Human Rights (ECHR — pdf). The Web site of the Austrian national public service broadcaster ORF reported the court as ruling:
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