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Unlawful wiretapping: Court stops surveillance of Thuringian policewoman
Gera Regional Court declares telephone surveillance of police officers unlawful; new proceedings have been initiated against civil servants and staff councils.
Unlawful wiretapping: Court stops surveillance of Thuringian policewoman
A landmark ruling is causing a stir in the Thuringian police scene: The Gera regional court has decided that telephone surveillance of a Saalfeld police officer is considered unlawful. This decision was confirmed today by a court spokesman to MDR Investigativ and Funke Medien Thüringen. The police officer was monitored as part of an internal investigation into the rude behavior of several officers during a chase in August 2021.
The officer involved, who was a witness to the incident, reported that she was sitting in a patrol car when the situation escalated. Despite this role, her phone was tapped, which the court now considers to be unjustified. The data protection officer also classified the subsequent searches as unlawful. “No appeal can be lodged against this decision,” emphasizes Antenn Thüringen.
Surveillance and its consequences
The district court also made it clear that the initial suspicion of the procedure that led to telecommunications surveillance was questionable. Judges criticized the fact that the officers' actions could not be viewed as a dangerous interference with road traffic. Rather, one could argue that their actions reduced traffic hazards. This now raises further questions as to what will happen with the ongoing proceedings against the police officers. The Gera public prosecutor's office is examining what effects this court order has on the ongoing proceedings.
Another aspect that complicates the situation concerns two staff councilors of the Thuringian police. They are suspected of having illegally passed on information about the Saalfeld traffic case to members of the state parliament and journalists. A procedure that is also considered in the context of wiretapping carries the potential for serious legal problems.
Data protection is the order of the day
The searches of the apartments and offices of the affected officers as well as the raids on the offices of the police union (GdP) are making people sit up and take notice. Reports of people breaking into front doors and tying people up in front of their families have caused a stir. The GdP is now filing a complaint against this raid because it was carried out without a search warrant. An accusation that the Gera public prosecutor's office rejected and found no wrongdoing. But that leads us to the exciting question: What about data protection in these matters?
The Thuringian data protection officer has already intervened and is examining the seizure of two GdP servers. These servers contain highly sensitive data from 4,500 affected people. One must be aware that a legal basis is always required when processing personal data, as [dr-datenschutz](https://www.dr-datenschutz.de/auskunft-polizei-datenschutz-bei-der- Answer-auf-anfragen/) explains. These sensitive backgrounds will shape the long-term discussion about the practices within the Thuringian police.
In politics, the entire affair is being followed with excitement as suspicions of mismanagement are building against the internal investigators. The coming weeks will show whether further legal action will be taken against those responsible. However, one thing seems certain: the consequences of this wiretapping will extend far beyond the current case. It remains to be seen whether these developments will result in a need for action to reform the police in Thuringia.