Illegal listening actions: court stops monitoring of Thuringian policewoman

Illegal listening actions: court stops monitoring of Thuringian policewoman

A fundamental judgment causes excitement in the Thuringian police scene: The district court Gera has decided that the telephone surveillance of a official from the Saalfeld police is considered illegal. This decision was confirmed today by a court spokesman towards MDR Investigative and Funke Medien Thuringia. The police officer monitored as part of internal investigations, which dealt with the male behavior of several civil servants during a chase in August 2021.

The civil servant concerned, who was involved in the incident, reported that she was sitting in a patrol car when the situation escalated. Despite this role, her phone was listened to, which is now considered not justified by the court. The following searches of the data protection officer also classified as illegal. "No legal remedies can be filed against this decision," emphasizes the [Antenn Thuringia] (https://www.antenethueringen.de/p/medien-abhoraktion- against-polizistin-recht-5e3epeszfbcump6yvph8ht).

monitoring and its consequences

The district court also made it clear that the initial suspicion of the procedure, which led to telecommunications monitoring, was questionable. Judges complained that the act of the officials cannot be seen as a dangerous interference in road traffic. Rather, one could argue that their measures reduced the traffic hazards. This now raises further questions of how the ongoing proceedings against the police officers will continue. The Gera public prosecutor checks the effects of this court decision on the already ongoing proceedings.

Another aspect that complicates the situation affects two staff councils from the Thuringian police. These are suspected of having illegally passed on information about the Saalfeld traffic in the state parliament member and journalists. A procedure that is also considered in the context of the listening actions harbors the potential for serious legal problems.

data protection on the agenda

The searches of the apartments and service rooms of the officials concerned as well as the raids in the offices of the police union (GdP) make you take notice. Reports about the breaking of front doors and the captivation of people from their families have caused a sensation. The GdP is now complaining to this raid because it was carried out without a search decision. An accusation that the public prosecutor's office rejected and could not recognize misconduct. But this leads us to the exciting question: what about data protection in these matters?

The Thuringian data protection officer has already switched on and checks the confiscation of two GdP servers. These servers contain highly sensitive data from 4,500 affected people. You have to be aware that a legal basis is always required when processing personal data, as [DR Data Protection] (https://www.drd-datenschutz.de/auspung-Polizei-datenschutz-bei-der-wert-uf-valaren/). These delicate background will shape the discussion about the practices within the Thuringian police in the long term.

In politics, the entire affair is traced with excitement, since the suspicion of mismanagement against the internal investigators builds up. The coming weeks will show whether further legal steps will be taken against those responsible. However, one thing seems certain that the consequences of this listening campaign are far beyond the current case. It remains to be seen whether these developments turn out to be an action for the reform of the police in Thuringia.