Bundesverfassungsgericht - Decisions - Data retention unconstitutional in its present form
(1) A person who provides publicly available telecommunications services for end
users shall store traffic data produced or processed by him in the use of his service
pursuant to subsections 2 to 5 for six months in Germany or in another Member
State of the European Union. A person who provides publicly available
telecommunications services for end users without himself creating or processing
traffic data shall ensure that the data are stored pursuant to sentence 1 above, and
shall inform the Federal Network Agency at its request as to who is storing these
data.
(2) The providers of publicly available telephone services store:
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1. the telephone number or other identification of the calling and called line, and in
the case of call transfer or forwarding of every additional line involved,
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2. the beginning and the end of the connection, with date and time and stating the
relevant time zone,
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3. in cases in which different services may be used as part of the telephone
service, information on the service used,
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4. in the case of mobile telephone services in addition:
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a) the International Mobile Subscriber Identities of the calling and called lines,
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b) the International Mobile Equipment Identity of the calling and called terminal
device,
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c) the identification of the radio cells used by the calling and the called lines at the
beginning of the connection,
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d) in the case of prepaid anonymous services, in addition the initial activation of the
service, with date, time and identity of the radio cell,
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5. in the case of Internet telephone services, in addition the Internet Protocol
address of the calling and the called lines.
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Sentence 1 applies with the necessary modifications to the transmission of a text,
multi-media or similar message; in this case, in place of the information under
sentence 1 no. 2, the times of the sending and the receipt of the message shall be
stored.
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(3) The providers of electronic mail services store:
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1. when a message is sent, the identity of the electronic mailbox, the Internet
Protocol address of the sender and the identity of the electronic mailbox of every
receiver of the message,
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2. when a message is received in an electronic mailbox, the identity of the
electronic mailboxes of the sender and the receiver of the message and the Internet
Protocol address of the sending telecommunications equipment,
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3. in the event of access to the electronic mailbox, the identification of the mailbox
and the Internet Protocol address of the person retrieving,
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4. the points of time of the uses of the service set out in nos. 1 to 3 above with date
and time, stating the relevant time zone.
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(4) The providers of Internet access services store:
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1. the Internet Protocol address allocated to the subscriber for use of the Internet,
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https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2010/03/rs20100302_1bvr025608en.html
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