Germany’s Federal Court of Justice (Bundesgerichtshof), the highest court in the country, has ruled that parts of a 2016 law that allowed monitoring of the internet activity of foreign targets outside of Germany are unconstitutional.
Notably, the court emphasizes that the Fourth Amendment of the federally binding US Constitution does not protect internet users from having their information handed over to law enforcement without a warrant because users willingly give that information to the third party (the ISP in this case).
There were 33,295 searches of travellers' devices in the 2018 financial year. "And that would be a factor that might give an agent reasonable suspicion for a border search.".
This proposed law is therefore a welcome opportunity for the government to develop a model data protection framework that upholds individual privacy and safeguards the data of generations of Kenyans including those who are yet to come online.
While these efforts have positive intentions, a number of concerns ought to be addressed with the aim of strengthening the data protection framework and Privacy International wishes to make a number of observations and recommendations based on our analysis of the draft law.
EPIC has filed a "friend of the court" brief in a case concerning the constitutionality of the Telephone Consumer Protection Act, the law the prohibits unwanted "robocalls." In Gallion v.
Whether it violates the Fourth Amendment of the U.S. Constitution or not, it’s an unfortunate fact that U.S. Customs and Border Protection agents routinely force travelers entering the country to unlock their phone for inspection under the threat of confiscation or prolonged detainment.