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Procedural access to data hosted into the telecommunication server provider (TSP) according to the German procedural criminal Law. (Ref. §100g StPO)

Authors

  • Darío Nicolás Rolón Goethe Universität
No. 23 (2015): Segundo semestre
https://doi.org/10.5354/rej.v0i23.38979

Abstract

This article focuses on the case of getting procedural access to data/information which is currently transferred or has been already transferred, and hosted by telecommunication-server providers according to German criminal procedural legislation (ref.§100g StPO). Getting procedural access to this data/information presupposes determining the constitutional safeguard (secrecy of communication [Art. 10, GG], protection against unreasonable searches and seizures [Art 13 GG], right to informative self-determination [Art. 10.2 GG] etc.) applicable to the following three cases, scope of this article: a) cases of getting access to data/information which is currently being transferred by using e-mail [§100a-b and 103 SPO], b) cases of getting access to data/information which is currently being transferred, but without using e-mail [§§94-97, StPO], c) cases of getting access to data/information which has been already transferred, and has been hosted into the telecommunication-server [§100g StPO]. In order to delineate the theoretical field of the before mentioned constitutional safeguards, it will be proposed to examine the relation between two conceptual systems: the first one formed by concepts enacted in German and European Communitarian Law (and its judicial interpretation in German and in the European Court) such as communication, information and different kind of data (traffic-data, global positioning-data, personal-data, etc.), and the second one formed by traditional concepts proceeding of the general theory of procedural and criminal law (such as Relevant-Crime, Crime by using of telecommunication-media [§100g StPO] etc.). This conceptual relation will be studied by asking if there are some bridge hypothesis between the before mentioned systems.

Keywords:

Telecommunication-Law, access to data/information, secrecy of communication, protection against unreasonable search and seizures, right to informative self-determination, telecommunication-server, e-mail, traffic-data, global positioning data

Author Biography

Darío Nicolás Rolón, Goethe Universität

LLM, Goethe Universität, Frankfurt am Main. Alemania.

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How to Cite
Rolón, D. N. (2015). Procedural access to data hosted into the telecommunication server provider (TSP) according to the German procedural criminal Law. (Ref. §100g StPO). Revista De Estudios De La Justicia, (23), pp. 145–174. https://doi.org/10.5354/rej.v0i23.38979
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