The constitutional complaints challenge §§ 113a, 113b of the Telecommunications Act (Telekommunikationsgesetz – TKG) and § 100g of
the Code of Criminal Procedure (Strafprozessordnung – StPO) to the extent that the latter permits the collection of data stored pursuant to
§ 113a TKG. The provisions were introduced by the Act for the Amendment of Telecommunications Surveillance (Gesetz zur Neuregelung der
Telekommunikationsüberwachung) of 21 December 2007.
[bverfg.de] § 113a TKG provides that the providers of publicly accessible telecommunications services have a duty to store virtually all traffic
data of telephone services (fixed network, mobile communications, fax, SMS, MMS), email services and Internet services without occasion, by way
of precaution. The duty of storage essentially extends to all information that is necessary in order to reconstruct who communicated
or attempted to communicate when, how long, to whom, and from where. In contrast, the contents of the communication, and consequently the
details of what Internet pages are visited by users, are not to be stored. At the end of the six months in which the duty of storage exists, the data are to be deleted within one month. (more on bverfg.de)
