Mr. Fiedler, what are the consequences of the judgment of the European Court of Justice on data retention?
Full data retention is not permitted, but the Court has expressly permitted various data retention constellations. The most important thing for the investigating authorities is that it is clear that the storage of IP addresses is allowed.
You were an investigator yourself for years. In your opinion, is IP address storage the best choice?
In around 90 percent of the cases in which there are no investigative approaches to identify the perpetrator, the problem lies in the fact that the IP address was not saved. There are misconceptions about IP addresses. You can’t create a personality profile with it. An IP address is like a license plate number on the Internet. Just because the Federal Motor Transport Authority knows who owns a license plate number, you cannot identify a person’s movement profile. If a car is flashed, you can only tell who owns the car. With IP addresses, one does not know who was sitting in front of the computer, only which technical device was used. The IP address gives a starting point for investigations when you don’t have any other. So we need to discuss this differently than we did about data retention in the past.
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