The Federal Constitutional Court declared unconstitutional the provisions of the Code of Criminal Procedure relating to investigative measures consisting of telecommunications surveillance for criminal offences punishable by a maximum sentence of three years’ imprisonment and authorising online searches. On the one hand, the high court emphasised that, given the significant infringement of fundamental rights and the principle of proportionality that it entails, telecommunications surveillance must be limited to the prosecution of particularly serious offences, namely criminal offences punishable by a custodial sentence of at least five years. On the other hand, it found that online searches, insofar as they allow intervention in a computer system and the collection of data from it, are formally unconstitutional insofar as their legal basis does not explicitly state that the secrecy of telecommunications provided for by the Basic Law is limited. However, the high court specified that the legislator is not required to provide for an obligation to discontinue this investigative measure when it becomes clear that the surveillance is encroaching on privacy.
Germany – Federal Constitutional Court Fundamental rights – Criminal proceedings – Investigative measures – Telecommunications surveillance and online searches.

https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2025/bvg25-069.html?nn=148438