Messenger Surveillance: These Strict Limits Apply

The monitoring of messaging services, which affects services like WhatsApp, Signal, and Skype, can only be used to prevent an attack that threatens the constitution and is punishable by at least ten years in prison, as well as in cases of espionage against Austria. Additionally, it must be proven that other measures besides monitoring are "hopeless."

Type of monitoring software still undecided

The law does not specify which software will be used. The Interior Minister explained on Tuesday that the legal framework must first be clarified. Whether the software used after the law comes into effect will ever be disclosed is unclear.

The selected program must be reported to the Interior Minister by the Directorate of State Protection and Intelligence Services (DSN). The legal protection officer then has two weeks to assess its suitability.

Initial messaging service monitoring for a maximum of three months

The DSN is also responsible for applying for the corresponding monitoring. However, this application must first be submitted to the legal protection officer, who has three days to review it and can express approval or disapproval. Regardless, the application then goes to the Federal Administrative Court, which ultimately makes the decision.

Initially, the monitoring may last for a maximum of three months. However, there is also the option for an extension. Only those areas of communication for which explicit approval has been granted may be monitored. All other messages must be deleted immediately. A special provision applies to cases with a justified suspicion of danger for another constitution-threatening attack than the one for which the measure was approved. This information must be kept separately until the legal protection officer decides on the admissibility of its use. If he rejects it, this information must also be destroyed.

Narrow Limits: Strong Position of the Legal Protection Officer

The legal protection officer is intended to have a strong position. He is entitled to view and listen to the collected information at any time, to request the deletion of information or parts of it, especially in cases of exceeding the authorization, and to ensure the proper deletion.

If there are concerns regarding proportionality, he must immediately apply for the revocation of the authorization at the Federal Administrative Court; at the same time, he must forward the application to the Directorate. The Directorate has the right to express its opinion in the procedure for revocation of the authorization. A revision by the Minister of the Interior against the revocation of the authorization is not permitted. For example, a corresponding application by the legal protection officer is possible if, despite prolonged surveillance, no indications of the suspected offense are found.

After the period for which the authorization was granted has expired, the affected person must be informed about the reason, nature, and duration as well as the legal basis of the measures taken. However, a delay is possible if the investigations would otherwise be jeopardized. Those persons whose communication with the suspect was monitored must also be informed afterwards. Complaints are then possible.

Parliament can be involved

Currently, the DSN assumes that the surveillance, described in the explanations as the "ultima ratio," should not be used more than 20 to 30 times a year. However, if the number of cases exceeds 35 in a calendar year, the Minister of the Interior must report immediately to the permanent subcommittee of the Interior Committee, the so-called Stapo Committee.

The provisions are to come into force at the beginning of 2027.

(APA/Red.)

This article has been automatically translated, read the original article here.