Germany:
In this report we provide an overview of some of the
legal powers under the law of Germany that government
agencies have to order Vodafone’s assistance with
conducting real-time interception and disclosure of data
about Vodafone’s customers.
1. PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE
Sec. 110 TKG requires operators of telecommunication
systems used to provide telecommunication services to
the public (as further specified in Sec. 3 TKG) to maintain
the technical facilities, and to make the organisational
arrangements, to execute telecommunication interception
measures expressly provided for by law. This includes the
obligation to maintain interception capabilities to execute
any interception order without delay (including, in particular,
handing over a copy of the requested communication). (…)
There is a dispute if and to what extent the operator of a
telecommunication system is entitled to file a complaint
(according to Sec. 98(2) or 304(2) StPO) against an
interception order issued under Sec. 100a StPO, though it
is recognized that there is no legal obligation to verify or
challenge the lawfulness of an interception order.
Article 10 Act
There is no ex-ante judicial control for measures under
the Article 10 Act, i.e. no court order or warrant is required.
However, the interception measures pursuant to Sec. 3, 5 and
8 G10 require a written order by the Ministry of the Interior (or the relevant highest state authority) following an application by one of the public authorities authorised under the respective provision.