Communication by e-mail is now widespread and has happened in the last few years, the traditional letter traffic rank. Given the increased importance of communication is the question facing many, as ordered by the confidentiality of e-mail communications. Can "listen" for example, law enforcement and tax investigation of the e-mail traffic or to the retrieved e-mails easily access?
added to this question now, the Hamburg Regional Court made a landmark decision. In the this case to be decided was the prosecutor in an investigation because of the illicit traffic in narcotic drugs sought to access the e-mail accounts of several suspects in order to gain in this way evidence for criminal proceedings. The Hamburg Regional Court has allowed such access to the affected e-mail accounts eventually though. It has in its decision but noted that the retrieving Internet-based e-mail accounts (like web.de, gmx, hotmail) the constitutional protection of telecommunications and telecommunications secrecy is subject to, and therefore only subject to the strict requirements of § § 100a and 100b Code of Criminal Procedure is possible. These rules allow access to the investigative authorities only if it is under investigation for a serious crime, and the suspicion of a simple Tax evasion or any credit fraud does not suffice. Is different, in the opinion of the Court, however, for e-mail that referred to it by e-mail box and stored on your own computer, as in e-mail retrieval of so-called POP 3 - is the case, servers. Here, the court saw the scope of telecommunications secrecy and not open to allow access to the investigating authorities under the lower requirements of § § 98 et seq Code of Criminal Procedure, so that in particular the suspicion of a serious crime must exist.
Landgericht Hamburg, decision of 8 January 2008, 619 Q 1 / 08
lawyer Dr. Toralf Nöding
www.kanzlei-noeding.de
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