En route to Germany
last week, I tried to set up a meeting at the ministry of the interior.
But I was stymied in my efforts to identify the appropriate officials,
because in sharp contrast to most other Western governments, the German
government's Web site offers almost no information on its civil servants.
This is no oversight.
Germany's data
protection laws, known as datenschutz, prevent the dissemination of
personal information -- including information on government employees.
Ironically, the ministry of the interior is now challenging the very
laws that made it so impenetrable.
The occasion for
this challenge was provided by the Sept. 11 attacks.
Like many other
governments, Germany's ruling Social Democrats have since introduced
new security measures. And as in many other countries, advocacy groups
raised concerns about how these measures will affect personal privacy,
and online privacy in particular.
Most of the time,
online security and online privacy enjoy a complementary relationship.
Secure servers prevent unauthorized access to private messages. Secure
encryption ensures that messages can be read only by the intended
recipient. Privacy concerns keep people from sharing their passwords,
which otherwise pose the greatest risk to network security.
But in the past
few weeks, privacy and security have become enemies.
Internet security
is more important than ever, as we face the prospect of online attacks
against government or corporate targets. Secure mechanisms for online
bill payments, purchasing, and communications are doubly important
now that our offline alternative -- the postal system -- could bring
anthrax to our doors.
But privacy, it
seems, has suddenly become expendable.
Law enforcement
authorities are stepping up their online surveillance activities,
motivated by the fear that terrorists may have used the Internet to
help plan their attacks.
If you think your
e-mails or AOL chat sessions are beneath the attention of the RCMP,
think again. Our once-private communications are now a tempting target
for all the organizations that have been charged with the task of
gathering information on terrorist activities.
This sudden change
is nowhere clearer than in Germany, home of the world's strongest
privacy laws. In coming to terms with the Holocaust, Germany evolved
into a regime with a strong commitment to civil liberties.
That commitment
has only grown stronger since the reunification of Germany and the
opening of Stasi files that revealed the extent of spying in the Soviet
regime. The twin legacies of Nazism and Soviet Communism have spawned
a passionate commitment to personal privacy as the foundation of personal
freedom.
To safeguard the
privacy of its citizens, the German government has created a cadre
of datenschutzer: officials in government who are charged with enforcing
privacy laws. These privacy laws include provisions that give individuals
absolute control over their personal data, limiting the ability of
companies or governments to access or aggregate personal information.
The German law
set the standard for the European Union's privacy regulations, which
were introduced four years ago and largely modeled on the German approach.
The challenge
of harmonizing privacy regulations across Europe scarcely compromised
Germany's commitment to datenschutz. But that commitment is showing
signs of weakness in the face of domestic and international pressure
to fight terrorism.
The governing
Social Democratic party has made it clear that law enforcement, not
data protection, is its highest priority. It is in this spirit that
the minister for the interior, Otto Schily, introduced his security
legislation. Stating that "security interests must not be obstructed
by data protection regulations," Schily proposed measures such as
placing fingerprints on identity cards, and forcing Internet service
providers to store data on their users.
Many Germans see
these security measures as a threat to the principle of datenschutz. A
meeting of federal and state datenschutzer condemned the proposed
legislation as an over-reaction that violates basic individual rights
without effectively increasing security. Last week Privacy International
gave Schily one of its annual "Big Brother" awards for the abuse of
personal data and individual privacy.
There is no question
that there is now a trade-off to be made between security and privacy.
We probably could
catch more terrorists by allowing the government to read every single
e-mail and tap every phone call.
How many more?
It doesn't matter.
What matters is that there is always a price to pay for ensuring personal
freedom. Maybe it's a small price, like my inability to find information
on the ministry of the interior.
Or maybe it's
a big price, like having to wait for warrants when we're trying to
stop terrorism.
Hard times, war
times -- these are the moments when we want to sweep away these impediments.
But these are the very moments for which laws like datenschutz are
created. If Germany can't remember this lesson, what hope is there
for the rest of us?
Alexandra Samuel
is a Vancouver-based technology writer and consultant.
alex@samuel-cottingham.com