Datenschutz-Plaudereien · Martin Steiger & Andreas Von Gunten, Datenschutzpartner

DAT343 Datenhunger bei Sicherheitsbehörden (Threema, Peter Szabó, Teil 2)

·21 min·2 clips

How does Threema handle data requests from Swiss surveillance authorities?

The episode is part two of a discussion on data hunger among security authorities, focusing on the Swiss secure messaging service Threema. Hosts Martin Steiger and Andreas Von Gunten interview Peter Szabó, who details Threema's operational procedures. Szabó explains that when Swiss authorities request user data, they contact Threema via a dedicated email address, and the company responds with data like FRIMA IDs, with all queries logged to prevent misuse. He notes they do not see the specific crime or prosecutor behind requests. For foreign authorities, Threema refuses direct requests, citing Article 271 of the Swiss Criminal Code, which prohibits illegal actions for foreign states, and directs them through legal aid channels. Szabó mentions a 2021 Federal Court decision that classified Threema as an over-the-top service, not a remote service provider, affecting their legal obligations. The discussion shifts to a proposed revision of the Swiss surveillance law (WIPF), which would reclassify communication service providers into three categories based on user numbers. Threema, with over a million users, would likely fall into the 'full obligations' category, requiring them to store data for six months and identify users. Szabó describes this as an unpleasant situation, with potential obligations under both current and revised laws. The episode also touches on the possibility of authorities accessing Threema's infrastructure for surveillance, though Szabó states this hasn't occurred. It concludes with mention of a complaint by Digital Society against Switzerland's bulk data storage, which mandates metadata retention for six months without suspicion, a case pending at the European Court of Human Rights.

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