Keep Factually independent
Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.
Fact check: Encrypting drives is illegal in Germany
1. Summary of the results
The claim that encrypting drives is illegal in Germany is false. In fact, Germany has historically been a strong supporter of widespread and unregulated encryption [1]. While many countries do impose restrictions on encryption technologies [2], Germany has taken a different approach, focusing on government hacking capabilities rather than restricting encryption technologies [1].
2. Missing context/alternative viewpoints
Several important contextual elements are missing from the original statement:
- Germany operates under the General Data Protection Regulation (GDPR) and other data protection laws [3]
- The country's approach to digital security focuses on government hacking capabilities rather than restricting encryption [1]
- There is significant global variation in encryption policies, with different countries taking vastly different approaches to regulation [2]
- Germany's stance on encryption is part of a broader data protection framework, which includes both GDPR and BDSG (German Federal Data Protection Act) [2]
3. Potential misinformation/bias in the original statement
The original statement appears to be fundamentally misleading and could benefit several groups:
- Law enforcement agencies might benefit from people believing encryption is illegal, as it could discourage its use
- Surveillance technology companies could benefit from promoting the narrative that encryption is restricted, as it could drive business toward alternative security solutions
- The statement ignores Germany's actual position as a supporter of strong encryption [1], which suggests either a misunderstanding of German law or deliberate misinformation
- The confusion might stem from mixing up Germany's general data protection regulations with specific encryption laws, as Germany does have strict data protection requirements under GDPR and BDSG [2]