Crypto law, take two


Art. 88quater, §2 says an investigation judge can order any person, he finds suitable for the job, to operate an IT system or to handle its data. Those persons are obliged by law to fulfill that request.

This says nothing about in which role that person receives that request. Yes, e.g. if you are an admin at an ISP, you are obliged to cooperate to handle log files or mailbox contents to the judge. The thing is different when this goes about personal data, as in that case revealing that information might be a risk to incriminate yourself. The rights of the defendent then supersede Art. 88quater, §2. This of course is when you are yourself under investigation, which I would suppose can be interpreted like that when your own data is under investigation.

Alas, this is my interpretation. I requested for comments on be.burgerrechten.

Categories: All Tags: 0 comments