[pp.int.general] Fwd: new study: data retention is not helping criminal investigations

[Pat Maechler aka Valio]

I've collected this information already by the end of last month;
unfortunately the pirate I asked to verify it did not respond to my
request; so I'm forwarding it anyway...

A lot of ressources concerning data retention can be found here BTW
http://www.statewatch.org/eu-data-retention.htm

But back to the study mentioned earlier in this thread:
It seems to be publicly available now since 2 days
http://www.vorratsdatenspeicherung.de/images/rechtsgutachten_grundrechtecharta.pdf

infos in English can be found here
http://www.statewatch.org/news/2011/apr/eu-mand-ret-wp-on-dp-prel.pdf

However this study doesn't appear on the website of the scientific
service of the German parliament, as it dates back to February 18th
2011
http://www.bundestag.de/dokumente/analysen/index.html
neither does a study that was created by the scientific service in
2006, which was also critical concerning the question whether data
retention is compatible with EU and German laws (constitution,
fundamental rights, ...)
http://wiki.vorratsdatenspeicherung.de/Stellungnahme_des_wissenschaftlichen_Dienstes_des_Deutschen_Bundestages_zur_Vorratsdatenspeicherung
http://hp.kairaven.de/files/btwd-ausarbeitung-vds.pdf
I called the scientific service (WD11) today and asked what are the
reasons for that.
It's actually not bad intent, but rather related to how the scientific
service works.
There are certain artefacts produced by the scientific service that
are aimed for the public by the beginning.
However all MPs can request scientific reviews on a topic from the
scientific service and sometimes they're also requested with deadlines
(which makes it harder to keep up quality).
They are still reviewed by someone else but the author[s], but that's
likely not to be in the same category as peer reviewed articles.
Therefor such reviews are not per se intended for publication.
Furthermore the publication rights of all artefacts belongs to the
German Parliament; so if there are reviews that were not intended for
publication from the beginning they can decide, whether they shall be
published or not; sometimes the scientific service also tries to
improve them in such a case.

regards
pat
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