Austria Considers New Law for Monitoring Encrypted Messages
A proposed law in Austria seeks to implement surveillance software on the mobile phones of suspects involved in “constitutionally threatening attacks.” This initiative arises from the challenges faced by authorities in monitoring encrypted communications used by terrorists and criminals. As these groups often rely on secure messaging platforms like WhatsApp, Signal, and Telegram, traditional methods of surveillance have proven ineffective. The law is being introduced just ahead of the upcoming national elections, with the ÖVP pushing for expanded powers for the State Protection and Intelligence Directorate (DSN).
The legal framework surrounding this proposal is complex, particularly given the concerns raised by the Constitutional Court in 2019 regarding privacy violations. At that time, a similar plan for a “Bundestrojaner” was deemed unconstitutional due to its invasive nature, which could have allowed authorities to access extensive personal data. The current proposal aims to address these concerns by allowing targeted monitoring of specific messages rather than blanket surveillance of entire devices. However, it must still comply with strict legal guidelines to protect individual privacy rights.
Under the new proposal, authorities would be permitted to monitor encrypted messages if deemed necessary to prevent serious crimes, including terrorism. This would require prior consultation with the legal protection officer in the Ministry of the Interior and approval from the Federal Administrative Court. Importantly, investigators would only be able to access chat messages within a defined timeframe, ensuring that personal data unrelated to the investigation remains protected.
Experts in law and technology have expressed cautious support for the proposal, emphasizing the need for effective oversight to ensure compliance with constitutional standards. While some legal scholars argue that targeted monitoring could be permissible, the implementation details will ultimately be scrutinized by the Constitutional Court. The proposal has faced criticism from opposition parties and some members of the Green Party, who express concerns about potential overreach and the implications for civil liberties.
Source: Authorities should be allowed to read chats – this is what the draft for messenger monitoring says
