Germany's top court restricts spy software use to serious crimes

A view shows the German Constitutional Court building, Germany, January 17, 2017.
Reuters

Germany's highest court has ruled that police can only deploy spy software to monitor phones and computers in investigations involving serious crimes.

The Federal Constitutional Court’s decision narrows the scope of a 2017 law that limits the government's ability to use covert surveillance tools on platforms such as WhatsApp. 

Digitalcourage, a German digital rights group, brought the legal challenge, warning that the law could infringe on the privacy of people not suspected of any wrongdoing.

Judges said the law's broad wording left too much room for interpretation and allowed serious intrusions without sufficient justification.

The ruling means authorities cannot monitor phone calls, emails, or other digital communications when investigating crimes that carry a relatively minor sentence - a sentence that is under three years or less. 

The ruling emphasized that surveillance is a significant intrusion and should be reserved for serious offenses - longer than a three years sentence. 

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