Interim relief against mandatory telecom data retention: balance of disadvantages under § 32 BVerfGG

The Federal Constitutional Court rejected the applicant's request for interim relief, resulting in a denial of the motion and a victory for the state, thereby leaving the challenged legislation in effect. The dispute concerned the validity of a legislative amendment introducing mandatory data retention and maximum storage periods for traffic data, specifically the new provisions to the Telecommunications Act, which the applicant sought to suspend pending a full constitutional review. The Court declined to issue the order because the applicant failed to demonstrate that the disadvantages of the law taking effect—should it later be declared unconstitutional—clearly outweighed the disadvantages of temporarily blocking a law that might prove constitutionally compliant, applying the strict proportionality doctrine for interim relief under § 32 Abs. 1 BVerfGG.