Internet operator challenges network tapping by German spy agency

DE-CIX said it received orders from the Federal Intelligence Service (BND) to allow it to access data at its internet exchange in Frankfurt. The BND has in recent years received a mirror image of the traffic as part of its counter-terrorism and cyber-security efforts.

In Germany, the right to privacy of correspondence, posts and telecommunications is protected by Art. 10 of the constitution. This is restricted by a law that allows federal and state spy agencies to tap such communications, subject to review by a control commission on which lawmakers sit.