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originally posted by: DerBeobachter
I didn´t know where exactly to put this article, it fits to several forums.
But because all that big brother stuff is excused with "The War On Terror"(TM xD), i guess this forum will fit best for the following article.
I am very happy that Netzpolitik.org decided to translate that article, so i don´t have to try.
From the article:
The German Intelligence Service BND illegally collected and stored its mass surveillance data and has to delete it immediately, including XKeyscore. This is one result of a classified report of the German Federal Data Protection Commissioner that we published. She criticizes serious legal violations and a massive restriction of her supervision authority.
(This is an English translation of the original German reporting, which also includes the full source document.)
When Edward Snowden exposed the global system of mass surveillance by secret services three years ago, including the German foreign intelligence agency BND, the German government tried to shelf it off and declare the case closed. Only one small authority held out: Then-Commissioner for Data Protection Peter Schaar sent his staff on an inspection visit to the joint BND/NSA-station Bad Aibling in southern Germany, of which the BND feared a „very critical public“. The visit resulted in an elaborate „situation report“, but it’s classified „top secret“ and only accessible for few people.
Additionally, the new Data Protection Commissioner Andrea Voßhoff produced a legal analysis of the findings and sent it to the Federal Intelligence Service coordinator in the German Chancellery and former BND president Gerhard Schindler. But this analysis is still classified „secret“ and our Freedom of Information-request has been denied. Media have raised the question „Secret, because embarrassing?“. We have now received this legal analysis and have published the full text of the document (in German).
18 Severe Legal Violations, 12 Official Complaints
This report is indeed embarrassing for BND and Chancellery: On 60 pages, the highest German Data Protection Commissioner lists 18 severe legal violations and files 12 formal complaints. Such a complaint under the German Data Protection Act is the Commissioner’s most severe legal instrument – forcing the authorities to issue a statement in response. This is the first time that a German authority has received this many complaints at once. Usually, the Commissioner files a similar amount of complaints in an entire year – to all federal authorities combined.
The report’s executive summary describes serious violations of the law:
" The BND has illegally and massively restricted my supervision authority on several occasions. A comprehensive and efficient control was not possible.
Contrary to its explicit obligation by law, the BND has created [seven] databases without an establishing order and used them (for many years), thus disregarding fundamental principles of legality. Under current law, the data saved in these databases have to be deleted immediately. They may not be used further.
Although this inspection was only focused on the BND station in Bad Aibling , I found serious legal violations, which are of outstanding importance and concern core areas of the BND’s mission.
The BND has collected personal data without a legal basis und has processed it systematically. The BND’s claim that this information is essential, cannot substitute a missing legal basis. Limitations of fundamental rights always need to be based on law.
German (constitutional) law […] also applies to personal data which the BND has collected abroad and processes domestically. These constitutional restrictions have to be strictly abided by the BND."
Many people may say:
What do you think how S E C R E T Services work? They have to do things in secret. And sometimes they have to do things outside of the laws, to protect us...
That´s where i start to laugh, but it`s an angry, sarcastic laughing. If we people have to follow the constitution and laws of this nation, then EVERYBODY has to do! Otherwise the laws and our constitution are obsolete. And secret services are paid by taxes, so secret services have to work FOR the people, in a normal world. But as we know, they work, at least here in germany, NOT for the GERMAN people, NOT for german interests. They are henchmen of the "USA". Of the NSA, CIA. and all that overseas "three letters agencies". They are all part of the same shadow government. And it´s not a german shadow governments that rules in germany! And the whole story reminds us german tax payers again that we are occupied since 1945.
Even the people, that were not interested in things like mass surveillance, know since Snowden and Co that western secret services act the same like the "evil" eastern secret services. They do the same things to "their own" people. They are not a bit better than those "evil", because not western, secret services and nations that we have to be afraid of, as our propaganda tells us.
And to be honest, if secret services start to spy on their own people(and deliver that data instantly to a[or several] foreign nations secret service), they see "their own" people as enemies. Otherwise that behaviour wouldn´t make any sense! In addition to that fact the whole story shows that "our" secret services are NOT our secret services, that they are remote controlled by NSA and Co, nothing more than devote and simple heelers.
This article is just one little piece of a huge puzzle where many parts are still missing. But that part of the puzzle we could bring together shows us that big brother is out of control, since 9/11. That big brother perceives the people of the western world as enemies, as the next, upcoming terrorists that have to be fought.
Otherwise, everyting we know up to now about the behaviour of the western secret services, wouldn´t make any sense! Why should they do all that against the people they normally should protect? Why do they disregard our laws, our constitution, cut the peoples freedoms (just "to save our laws, constitution, our liberal western lifestyle...)? Like those bearded terrorists in sneakers, that we all have to be afraid of. Their goal is too, as we are told, to destroy our liberal western lifestyle. What a coincidence...