Spyware scandal spreads as German states question practices

Oct 11, 2011, 14:13 GMT

Berlin - Online investigation tools used by police across Germany were under review Tuesday as news leaked out of more instances of a form of spyware being used by authorities.

The story about the Trojan programme, a form of spyware designed to scan internet communications, but which included an option that could allow investigators access to all data on a computer, has been in German headlines since a hacker's group revealed the programme's existence over the weekend.

Since the Interior Ministry of the southern state of Bavaria announced Monday that its workers had used the programme in the past, at least four more cases in that state had come to light.

The investigation is complicated by the fact that the use of the spyware in itself is not illegal under German law, so long as investigators stick to proscribed privacy guidelines and do not pry too far.

One lawyer in Bavaria has claimed that police had gone too far in at least one instance, reporting that police had screen shots of his client's computer, allegedly taken with the software in question.

Several state agencies have said they have used the software, but insist their investigators used it lawfully.

Although private data is closely protected in Germany by law, there are exceptions if a court order can be procured, which only happens if investigators can prove that time is of the essence and that the intrusion is necessary.

The news has prompted calls from a variety of politicians demanding legislative probes. German Justice Minister Sabine Leutheusser-Schnarrenberger has called for a central clearinghouse to provide an overview of surveillance tools and practices.