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Community Champion

Are GDPR Privacy Protections not for SUSPECTS?

German gov is proposing a horrid intrusion into the privacy of people only suspected of a crime.

Source article, in Deutch:

https://www.mdr.de/nachrichten/politik/inland/meldepflicht-passwoerter-facebook-gesetz-100.html

 

Translation into English:

https://translate.google.com/translate?hl=en&sl=de&tl=en&u=https%3A%2F%2Fwww.mdr.de%2Fnachrichten%2F...

 

F"ederal Justice Minister Christine Lambrecht has defended her draft law on combating hate crime on the Internet. There are too many fears regarding the planned obligation to provide passwords, said the SPD politicians on "Deutschlandfunk". The surrender is only possible in exceptional cases by judicial order. The opposition had heavily criticized Lambrecht's bill in the Bundestag on Wednesday."

 

Big Brother is resurrecting from 1984.

 

Craig

 

 

Dr. D. Cragin Shelton, CISSP
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6 Replies
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Community Champion

Re: Are GDPR Privacy Protections not for SUSPECTS?

@CraginSSo where does the universal law of until proven one is not guilty?  Or is this the middle of the ground approach where by everyone is suspect or guilty until proven innocent? 

 

This is not too dissimilar to receiving phone calls on an unlisted landline, and an automatic text states "You have been hacked, do not hang up or your Internet connection will be terminated"  - so you listen until a human being comes on and says "Hello" - so immediately you know it is another scam.  When you don't answer they simply terminate the call.  The Internet connection stays on and the world carries on as usual.

 

However, to those who not prepared, this could be quite intimating and they could without awareness release a whole heap of information, drilling themselves into even more trouble to come, once they have you on the hook.

 

Regards

 

Caute_cautim

 

Community Champion

Re: Are GDPR Privacy Protections not for SUSPECTS?


@Caute_cautim wrote:

@CraginSSo where does the universal law of until proven one is not guilty?  Or is this the middle of the ground approach where by everyone is suspect or guilty until proven innocent? 

...


John,

The concept of "innocent until proven guilty" is not a universal law. While it is a fundamental principle  of U.S. law, it is far from universal. Many countries actually do follow the principle of "guilty until proven innocent. 

 

Craig

 

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Re: Are GDPR Privacy Protections not for SUSPECTS?

> Caute_cautim (Community Champion) posted a new reply in GDPR on 12-23-2019 12:19

> So where does the universal law of until proven one is not guilty?

Ummmm, "presumption of innocence" is not universal, by any means. Yes, it's a
principle in Common Law systems, but not otherwise (unless specifically
mandated into a Civil Law system ...)

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Re: Are GDPR Privacy Protections not for SUSPECTS?


@CraginS wrote:

The concept of "innocent until proven guilty" is not a universal law.


Just being pedantic here, but "presumed" is a critical part of the concept: 

 

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. [Universal Declaration of Human Rights, Article 11 - emphasis mine]

After all, there is no need for a trial if we already know that somebody is innocent.  

 

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Re: Are GDPR Privacy Protections not for SUSPECTS?


@denbesten wrote:

@CraginS wrote:

The concept of "innocent until proven guilty" is not a universal law.


Just being pedantic here, but "presumed" is a critical part of the concept: 

 

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. [Universal Declaration of Human Rights, Article 11 - emphasis mine]

After all, there is no need for a trial if we already know that somebody is innocent.  

 


Very true William, but the Universal Declaration of Human Rights is not incorporated into most national legal systems.  It is an attempt by the United Nations to establish a basis for international law regarding basic human rights.

I have not researched the detail, but has ANY nation formally adopted at as part of their laws?

 

Craig

 

 

Dr. D. Cragin Shelton, CISSP
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Re: Are GDPR Privacy Protections not for SUSPECTS?

The UN one may not be in national law, but the European Declaration on Human Rights has Article 6 with a very similar meaning - and that's defined as overriding national law via the European Court of Human Rights.

 

Civil law systems don't generally include it, but common law systems, for example UK, do have to reflect it nationally - Human Rights Act 1998 

 

The court's ability to override UK judicial decisions has been a major dogwhistle for those wanting the UK to exit the European Union - although, amusingly, Brexit won't change this unless we bring it other law to withdraw from the convention...which, from recent answers in the House of Lords, appears to be on the cards.