Cell phone acceptance

ÖVP follows up: Zadic has problems with the constitution

ÖVP General Stocker has no understanding for the green blockade of the law.

(Bild: APA/HANS KLAUS TECHT)

"We have seen from Minister Leonore Gewessler that she has problems with the constitution in her area. It seems as if this is contagious", with these words ÖVP General Secretary Christian Stocker is putting pressure on Justice Minister Alma Zadic on the issue of cell phone data analysis.

"I believe that the constitutionally compliant state would have to be established", Stocker demands an end to the Green blockade of the planned law. After a long back and forth, the ÖVP and the Greens had agreed on a new regulation for cell phone tapping and analysis. The new regulation had become necessary due to a ruling by the Constitutional Court (VfGH). According to the Supreme Court, the current legal situation regarding the seizure of data carriers violates the right to privacy and the Data Protection Act - the relevant passages were therefore repealed and will no longer be in force from January 1, 2025.

Zadic withdrew law that had already been passed
The ÖVP and the Greens based the new law on the guidelines set by the Constitutional Court. In future, a judicial authorization will be required for the seizure of smartphones, laptops and the like. This must also specify which data categories and content from which period and for which investigative purposes may be analyzed. Furthermore, the public interest in criminal prosecution would have to be weighed up against the fundamental rights of those affected.

The law had already been passed in the Justice Committee with the votes of the ÖVP and Greens, but Zadic suddenly withdrew it due to criticism from legal circles and extended the review period. Stocker reacted to this with surprise, as the law came from the Justice Minister's office and should therefore have been agreed with the experts there.

Alma Zadic and Karoline Edtstadler are often at loggerheads.

(Bild: APA/HANS KLAUS TECHT)

Resistance to the new regulation came primarily from the public prosecutors. They have massive objections to the planned organizational separation of the processing and evaluation of cell phone data. This is to be carried out by the criminal investigation department, which will have to create its own organizational units for this purpose. For public prosecutors, this means a loss of competence and influence. They are demanding that the IT forensics departments of the public prosecutor's offices should also be involved in the processing.

Lawyers against public prosecutors
The lawyers have no sympathy for the public prosecutors' criticism. The fact that the processing (and subsequent use) of the data should be carried out by a body other than the investigating criminal police and/or the investigating public prosecutor's office is understandable and follows the guidelines set by the Constitutional Court. There are no concerns that the role of the public prosecutor's office as the "mistress" of the investigation procedure will be restricted. The lawyers also suggest that data should be processed by a court. This is the only way to ensure a clean solution in accordance with the rule of law. The lawyers also want to restrict the possibility of seizing data carriers to more serious offenses.

Match continues on Tuesday on "krone.tv"
The political match in this matter will enter the next round next week. On Tuesday morning, Constitutional Minister Karoline Edtstadler will be interviewed in detail on "krone.tv". When it comes to questions of justice and Minister Zadic, the ÖVP Minister is known for not mincing her words.