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German study finds the data retention ineffective

9 February, 2011
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This article is also available in:
Deutsch: Deutsche Studie enthüllt: Vorratsdatenspeicherung ineffektiv


A study of police statistics published by the German Federal Crime Agency on 26 January 2011, finds telecommunications data retention ineffective for the prosecution of serious crime.

An analysis of Federal Crime Agency statistics published on 27 January 2011 by German civil liberties NGO AK Vorrat reveals that data retention, while in force, did not make the prosecution of serious crime any more effective. With data retention in effect, more serious criminal acts (2009: 1 422 968) were registered by police than before (2007: 1 359 102), and a smaller proportion were cleared up (2009: 76.3%) than before the introduction of blanket retention of communications data (2007: 77.6%). Likewise, after the additional retention of Internet data began in 2009, the number of registered Internet offences surged from 167 451 in 2008 to 206 909 in 2009, while the clear-up rate for Internet crime fell (2008: 79.8%, 2009: 75.7%).

According to AK Vorrat, user avoidance behaviour can explain the counterproductive effects of blanket data retention on the investigation of crime. In order to avoid the recording of sensitive information under a blanket data retention scheme, users begin to employ Internet cafés, wireless Internet access points, anonymisation services, public telephones, unregistered mobile telephone cards, non-electronic communications channels and the like. This avoidance behaviour cannot only render retained data meaningless but also frustrate more targeted investigation techniques that would otherwise have been available to law enforcement. Overall, blanket data retention can thus be counterproductive to criminal investigations, facilitating some, but rendering many more futile.

AK Vorrat study: Registered Serious Crime in Germany (26.01.2011)
http://www.vorratsdatenspeicherung.de/images/data_retention_effectiven...

Study finds telecommunications data retention ineffective (27.01.2011)
http://www.vorratsdatenspeicherung.de/content/view/426/79/lang,en/

 

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