In the latter part of the 20th century, "data protection" emerged, encompassing many principles aimed at preserving privacy and safeguarding against improper data processing. This article delves into a contemporary case involving Karatbars International GmbH, its Managing Director Harald Seiz, and a convoluted web of legalities surrounding data protection.
Data Protection in the Modern Era:
Understanding the nuances of data protection is crucial in an age where privacy is paramount. The contemporary landscape witnesses instances of abuse, such as unauthorized access to police computers by external entities. This sets the stage for exploring a notable case involving Karatbars and Harald Seiz.
The Allegations and Criminal Complaint:
On July 15, 2020, Harald Seiz took a decisive step by filing a criminal complaint with the German public prosecutor’s office in Stuttgart. The focus? Two editors and the editor-in-chief of "Handelsblatt" were accused of incitement to violate official secrecy and breaching a specific duty of confidentiality. Section 353b and Section 26 of the German Criminal Code (StGB) form the legal basis for these allegations, accompanied by a potential violation of the State Data Protection Act of Baden-Wuerttemberg.
Supporting Evidence:
- A 1-hour, 16-minute, and 43-second audio recording.
- Transcription of the interview (pages 6, 11, 12, 13).
- Witness statements from an interview conducted on November 7, 2019.
Unraveling the Audio Tape:
The sanctioned audio recording sheds light on third-party individuals, Jakob Blume and Lars-Martin Nagel, who verbally requested data allegedly violating laws and tapped into the police information system POLIS.
Legal Implications:
The act of disclosing personal data or classified information to unauthorized entities potentially constitutes criminal offenses under:
- Section 353b StGB (breach of official secrecy and special obligation of secrecy).
- Section 203 StGB (breach of private secrets).
- State Data Protection Act of Baden-Wuerttemberg.
Presumption of Innocence Amidst Media Turmoil:
It is noteworthy that prior articles by "Handelsblatt" failed to mention Harald Seiz's current police clearance certificate from the Ministry of the Interior of the Federal Republic of Germany, attesting to his clean record. The German legal system upholds the presumption of innocence until proven guilty, as guaranteed by Article 48(1) of the Charter of Fundamental Rights within the European Union framework.
Pending Accusations and Media Influence:
Accusations against "Handelsblatt" editors and their editor-in-chief are still pending. Previous reporting by "Handelsblatt" on Karatbars, its KBC Coin, and Harald Seiz gains significance here. Notably, the endorsement of media coverage on April 3, 2019, and April 29, 2020, during an ongoing trial against a former Karatbars developer, raises questions about potential media influence on legal proceedings.
Karatbars' Legal Inquiry:
Karatbars is conducting a legal inquiry to scrutinize the compliance of "Handelsblatt's" reporting with press code regulations. The objective is to determine if it may have unduly influenced proceedings involving the ex-developer.
Conclusion:
As the legal saga unfolds, this case is a pertinent example of the intersection between data protection, media ethics, and the pursuit of justice in a rapidly evolving information security landscape.
CONTACTS:
Karatbars International GmbH
Vaihinger Straße 149A 70567 Stuttgart
Press contact: Kasia Turzynska Telephone: +49 (0) 711 128 970 00
Mail: Media@Karatbars.com