<https://aboutintel.eu/austria-hacking-law/> Austrian government’s hacking law ruled unconstitutional The Constitutional Court of Austria recently struck down the government’s spyware & licence plate recognition law. Alina Hanel & Thomas Lohninger of Austrian digital rights NGO epicenter.works, which had campaigned against the law for years, explain the ruling’s context and significance. The Austrian Constitutional Court decided on 11 December 2019 that the surveillance law that permits both the use of spying software to read encrypted messages and the indiscriminate recording of vehicle licence plates violates the fundamental right to respect for private life (Art 8 ECHR), the fundamental right to data protection (§ 1 Austrian data protection law), and the constitutionally granted right that prohibits unreasonable searches (Art 9 Austrian bill of rights — “Staatsgrundgesetz”). This judgement comes after the legalisation of government spyware in Austria had been prevented two times already. In 2016, a draft bill was withdrawn by the justice minister after heavy criticism from civil society, technical experts, and academics. On a second attempt in 2017, the legalisation of government spyware was included in a broader surveillance package. The draft bill had already reached committee stage in the parliament but was withdrawn after a record number of consultation responses from individuals and high-profile institutions, like the Economic Chamber, the Supreme Court of Justice, and the Data Protection Board. In 2018, the far-right government adopted the now-contested surveillance package, including government spyware and indiscriminate licence plate recognition on Austria’s streets. The constitutionality of this law was subsequently challenged by a third of the Members of Parliament. [...]