http://www.bundesverfassungsgericht.de/entscheidungen/rs20100302_1bvr025608.html
first Eine sechsmonatige, vorsorglich event-free retention of telecommunications traffic data by private service providers, such as the Directive 2006/24/EC of the European Parliament and the Council of 15 March 2006 (OJ L 105 of 13 April 2006, p. 54, 'Directive 2006/24/EC) shall be read, not absolutely incompatible with Article 10 of the Basic Law, to a possible priority to this directive, it is not so.
second The principle of proportionality requires that the legal embodiment of such a data storage associated with the specific weight of the storage of basic rights due consideration. There shall be sufficiently challenging and clear standards regulations regarding data security, data use, transparency and legal protection.
third Ensuring data security and clear standards limiting the use of the possible use of data is responsible as an intrinsic part of the arrangement of the storage obligation to the Federal legislature under Article 73 paragraph 1 point 7 GG. In contrast, the responsibility depends on the creation of the polling arrangements for the design itself and the transparency and legal protection provisions of the respective professional capacities.
4th In terms of data security regulations are needed, providing a very high standard of safety standards clear and binding. It is certainly the reason for the law to ensure that this at the level of development the trade-oriented discussion, receives new information and insights continuously and is not subject to a free assessment of general economic factors.
5th The call and the immediate use of the data are only relative, if they serve important functions of the outstanding legal rights protection. In the field of law enforcement, this requires a reasoned suspicion by certain facts of a serious crime. For the security and the fulfillment of the tasks of the intelligence services, they may only take place under factual evidence for a substantial danger to life, limb or liberty of a person for the stock or the security of the Federation or a country or be admitted to a common danger.
6th One has only indirect use of data to provide information by telecommunications service providers on the owners of Internet Protocol addresses is also independent of limiting criminal or legal interests catalogs for law enforcement, security and the perception of intelligence tasks allowed. The prosecution of offenses, such information is allowed only by special weight in law expressly designated cases.
