With the bill on the “controlled handling of cannabis”, which the Bundestag approved in a turbulent session last week, the traffic light coalition wants to dry up the black market for hemp consumption. Another concern is reducing the pressure to monitor drug users. So far, investigators have managed to take action against them using intrusive means, such as state Trojans for covert online searches and large-scale spying attacks. But now, according to critics, a data protection nightmare threatens instead: the personal information of millions of consumers could be recorded by authorities under the initiative and – without any further requirements – passed on to prosecutors, for example.
Announcement
The law, which, at the request of the members of the Federal Council, is expected to come into force in autumn at the earliest instead of April, basically provides for the legal possession and consumption of cannabis by adults. Private, community and non-commercial cultivation is made possible, but also the controlled distribution of herb by cultivation associations. However, strict regulations apply to ensure health protection, strengthen education and prevention, and improve the protection of children and young people. A maximum of 500 members are allowed for hemp producing communities. Only membership of a cultivation association is permitted. This can only transmit hashish or marijuana to members to a certain extent, although your affiliation and age must be verified.
To do this, cooperatives or clubs must maintain “drug addict lists” and collect extensive personal data for them, writes the portal Netzpolitik.org. Section 28 of the law provides for even broader state powers. Competent authorities, such as district or district offices and those authorized by them, are authorized to provide the surname, first name, date of birth, address and electronic contact details, as well as other information obtained from persons authorized to represent them, members , employees, third-party commissioners of the cultivation association and other people found on their “pacified property”. This includes all people who received cannabis or reproductive material.
Data can be stored for five years and sometimes longer
The competent authority may store the information thus obtained for up to five years and personal data for up to two years. The deadline does not apply if “longer storage is necessary” due to pending fine proceedings, investigations by the Public Prosecutor's Office or a court case. Administrative officials are also authorized to examine “all business writings and data storage media of cultivation associations” and “make transcriptions, copies, copies and extracts of documents and secure digital data.” Sensitive information may also be transmitted to other authorities if it appears useful in prosecuting criminal or administrative offenses. Legal protection mechanisms, such as the reservation of a judge: none.
It is known that, once personal data is collected, it quickly attracts researchers, in particular. In 2020, in addition to health authorities, prosecutors in Bavaria, Hamburg and Rhineland-Palatinate, for example, accessed Corona guest lists that were actually intended to trace chains of infection. Even now, advocates have serious concerns about the project: David Werdermann of the Society for Freedom Rights (GFF) emphasized to Netzpolitik.org that it could have serious consequences for consumers if the resulting huge amounts of data fell into the wrong hands, including employers. and insurance companies. Bavarian Prime Minister Söder (CSU) has already made very critical comments about the law, which could indicate abuse or repression. Other lawyers point to problems with the General Data Protection Regulation (GDPR). Spying on members is also a red flag for the umbrella organization of the German Cannabis Social Clubs (CSC) and the German Hemp Association.
(mki)
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