Although Germany has tended to advocate relatively strict data protection laws, a recently released draft law could call into question the extent to which Germany will protect privacy rights in the future.  The stated purpose of the proposed law, which was drafted by Germany’s Interior Minister Thomas de Maizière, is to help implement the tougher European Union privacy rules that take effect in 2018.  However, commentators have criticized some of the law’s provisions for failing to adequately protect citizens’ privacy.  

Commentators have identified a few controversial provisions in the proposed law.  For example, under one of those provisions, Germans would not have to be informed about the kind of data collected on them if revealing such information disadvantages the well-being of Germany or might seriously endanger business activities.  Other provisions of the proposed law would also greenlight facial recognition software for video surveillance and prevent data protection commissioners from either sanctioning security agencies for breaches or fully investigating suspected breaches of people’s medical and legal records.  While commentators have been quick to react to the proposed law, it is important to note that the proposed law is only an initial draft, and it is likely to undergo significant revisions before it is adopted. 

The draft law was released roughly one week after Germany’s 10th IT Summit in Saarbrucken.  During that Summit, German Chancellor Angela Merkel pushed for a new way of thinking about data protection laws.  In her remarks, Merkel noted while it is important to protect personal data, it is also important to enable new developments.  Therefore, she cautioned that countries must be careful not to apply the EU General Data Protection Regulation too restrictively lest it interfere with big data management.  De Maizière, who also spoke at the Summit, echoed Merkel’s comments.  Taken together, the draft law and Merkel’s and de Maizière’s comments could suggest that a shift may be taking place in the German government’s approach to online privacy and data protection.