German high court conditionally approves government data spying

Germany's Constitutional Court has determined that any data stored or exchanged on PCs is private and protected by the country's constitution -- just not if you're a suspect.

The court determined that data collection directly encroaches on citizens' rights, but that authorities will be allowed to spy on suspicious individuals with high court approval.

The issue of government-sponsored computer surveillance in Germany arose after a foiled terror attack in September 2007. Thwarting the plot took major resources, reported the New York Times, with an estimated 300 officers working full-time on the case.

After this, federal interior minister Wolfgang Schäuble made his beliefs known that the German antiterror network needed re-organization. Schäuble was a major proponent of several controversial techniques, which included using Trojan Horse-style viruses to infiltrate terror suspects' computers.

But these suggestions were met with criticism over their violation of privacy.

However, leaked documents publicized that other ministers were quite interested in adopting similar methods. Bavarian Minister Joachim Hermann intended to enhance police data surveillance, which included use of a virus-like Skype eavesdropping client.

Though the ruling is based upon a law in the state of North Rhine-Westphalia, Judge Hans-Juergen Papier said it will set a national precedent.