[Chapter-delegates] Fwd: German police statistics prove telecommunications data retention superfluous

[Veni Markovski]

I think this is very relevant to the fight all chapters have at some 
point to have in their countries:

-------- Original Message --------
Subject: 	German police statistics prove telecommunications data 
retention superfluous
Date: 	Mon, 6 Jun 2011 07:24:59 GMT
From: 	AK Vorrat <presse at vorratsdatenspeicherung.de>
Reply-To: 	presse at vorratsdatenspeicherung.de
To: 	Veni<veni at veni.com>



Press release by the German Working Group on Data Retention (AK
Vorrat), 6 June 2011:

German police statistics prove telecommunications data retention
superfluous

The national crime statistics recently published by Germany's
Federal Crime Agency[1] reveal that after the policy of blanket
telecommunications data retention was discontinued in Germany due to
a Constitutional Court ruling on 3 March, 2010, registered crime
continued to decline (2007: 6,284,661; 2008: 6,114,128; 2009:
6,054,330; 2010: 5,933,278) and the crime clearance rate was the
highest ever recorded (56,0%).[2] Indiscriminate and blanket
telecommunications data retention had no statistically relevant
effect on crime or crime clearance trends. These findings confirm
the position of more than 100 organisations in Europe[3] that are
opposing the EU policy of mass retention of telecommunications data,
calling it unnecessary and disproportionate.

The statistics refute the myth spread by certain politicians and
police representatives that the Internet is a "a lawless space" in
the absence of mass retention of telecommunications data of non-
suspects. Even without such a policy of blanket data retention, the
German police achieved a clearance rate of nearly three out of four
Internet offences (71%) in 2010, exceeding by far the average
clearance rate for crimes committed without any use of the Internet
(55%).

Regarding other European countries, the Scientific Services of the
German Parliament have recently analysed "the practical effects of
data retention on crime clearance rates in EU Member States" and
have come to the following conclusion:[4] "In most States crime
clearance rates have not changed significantly between 2005 and
2010. Only in Latvia did the crime clearance rate rise significantly
in 2007. However, this is related to a new Criminal Procedure Law
and is not reported to be connected to the transposition of the EU
Data Retention Directive."

"Since crime clearance trends are completely unaffected by the
retention of communications data of non-suspects, there is no
justification for the EU's "big brother" policy of collecting
telecommunications data on all 500 million EU citizens", explains
Florian Altherr, member of the German Working Group on Data
Retention. "Ninety-eight percent of citizens are never suspected of
any wrongdoing. The right of protection of their personal data from
unjustified suspicion, data abuse and data loss due to data
retention policies must prevail. The EU must respect its Charter of
Fundamental Rights and give up its failed experiment of total data
retention immediately."

"In light of these new crime statistics, the irresponsible campaign
of fear and continued scaremongering by some politicians after the
annulment of the German data retention law finds no justification in
reality", says Michael Ebeling of the German Working Group on Data
Retention. "The truth is that with targeted investigations of
suspects we live just as safely as we would with a policy of
indiscriminate retention of all communications data. The endless
exaggeration and emotionally charged descriptions of isolated cases
combined with a massive media campaign is both misleading and
unethical. In my view this is nothing less than a populist defence
of the most privacy invasive and unpopular surveillance measure ever
adopted by the EU."

Background:

In a letter sent to the EU Commission in 2010, more than 100
organisations from 23 European countries have called the blanket
communications data retention policy adopted by the EU in 2006
"unacceptable" and have called for its annulment, replaced by a
policy of data retention on crime suspects alone. Among the critics
are civil liberties, data protection and human rights associations
as well as crisis line and emergency call operators, professional
associations of journalists, jurists and doctors, trade unions,
consumer organisations and industry associations.[5]

Blanket and indiscriminate telecommunications data retention is
criticised for disrupting confidential communications in areas that
legitimately require non-traceability (e.g. contacts with
psychotherapists, physicians, lawyers, workers' councils, marriage
counsellors, drug abuse counsellors, helplines), thus endangering
the physical and mental health of people in need of assistance as
well as that of those around them. The inability of journalists to
electronically receive information through untraceable channels
compromises the freedom of the press, which damages the
preconditions for an open and democratic society. Retained
communications data has repeatedly been abused and lost, resulting
in the unauthorised disclosure of confidential information on
private and business contacts, movements and activities.
Communications data has also proven to be particularly susceptible
to fostering unjustified suspicion, thus subjecting innocent
citizens to criminal investigations.

The EU Commission is currently preparing a proposal to revise the EU
Data Retention Directive, but is so far unwilling to scrap the
unpopular policy.

References:
[1] German crime statistics for 2010:
http://www.bka.de/pks/pks2010/download/pks2010_imk_kurzbericht.pdf
[2] AFP report: http://www.thelocal.de/society/20110521-35163.html
[3] Letter of more than 100 organisations from 23 European countries
to the EU Commission:
http://www.vorratsdatenspeicherung.de/images/DRletter_Malmstroem.pdf
[4] Report by the Scientific Services of the German Parliament:
http://www.vorratsdatenspeicherung.de/images/Sachstand_036-11.docx
[5] Letter of more than 100 organisations from 23 European countries
to the EU Commission:
http://www.vorratsdatenspeicherung.de/images/DRletter_Malmstroem.pdf

More information:

Crime trends diagrams (for free distribution):
http://www.vorratsdatenspeicherung.de/images/crime_statistics_and_data_retention.pdf

Background information and facts concerning the evaluation of the
Data Retention Directive 2006/24/EC:
http://www.vorratsdatenspeicherung.de/images/akvorrat_evaluation_backgrounder_2011-04-17.pdf

Report on data retention and serious crime in Germany:
http://www.vorratsdatenspeicherung.de/images/data_retention_effectiveness_report_2011-05-20.pdf

This press release on-line:
http://www.vorratsdatenspeicherung.de/content/view/455/79/lang,en/

About the German Working Group on Data Retention:
The Arbeitskreis Vorratsdatenspeicherung (AK Vorrat) is a Germany-
wide organisation which campaigns against extensive surveillance in
general and the blanket logging of telecommunications and other
behavioural data in particular.
Homepage and contact details: http://www.vorratsdatenspeicherung.de