Staatlicher Umgang mit IT-Sicherheitslücken

IT security vulnerabilities pose a threat to our increasingly digital society. However, they may occasionally be exploited by authorities to hack IT systems and thus ensure security. The author begins by explaining the political and IT-related background to this apparent paradox. He then analyzes the extent to which the conflict of interest surrounding IT security vulnerabilities is regulated in Germany and at the European level. In doing so, he differentiates between ‘backdoors’ and so-called zero-days and focuses on the fundamental right to IT security, particularly with regard to its duty-to-protect dimension. Finally, based on the findings of the analysis, a new provision for dealing with IT security vulnerabilities is drafted.