[Foundation-l] German Right of Privacy in Computer Systems

[Mike Godwin]

This looks like good news:

============================================================
  Germany: New basic right to privacy of computer systems
  ============================================================

  The German Constitutional Court published on 27 February  2008 a
  landmark ruling about the constitutionality of secret online searches
  of computers by government agencies. The decision constitutes a new
  "basic right to the confidentiality and integrity of
  information-technological systems" as derived from the German
  Constitution.

  The journalist and privacy activist Bettina Winsemann, the politician
  Fabian Brettel (Left Party), the lawyer and former federal minister  
for
  the interior Gerhart Baum (Liberal Party), and the lawyers Julius
  Reiter and Peter Schantz had challenged the constitutionality of a
  December 2006 amendmend to the law about the domestic intelligence
  service of the federal state of North-Rhine Westphalia. The amendmend
  had introduced a right for the intelligence service to "covertly
  observe and otherwise reconnoitre the Internet, especially the covert
  participation in its communication devices and the search for these,  
as
  well as the clandestine access to information-technological systems
  among others by technical means" (paragraph 5, number 11). Parts of  
the
  challenges also addressed other amendmends which are not covered here.

  The decision of today is widely considered a landmark ruling, because
  it constitutes a new "basic right to the confidentiality and integrity
  of information-technological systems" as part of the general
  personality rights in the German constitution. The reasoning goes:
  "From the relevance of the use of information-technological systems  
for
  the expression of personality (Pers?nlichkeitsentfaltung) and from the
  dangers for personality that are connected to this use follows a need
  for protection that is significant for basic rights. The individual is
  depending upon the state respecting the justifiable expectations for
  the integrity and confidentiality of such systems with a view to the
  unrestricted expression of personality." (margin number 181). The
  decision complements earlier landmark privacy rulings by the
  Constitutional Court that had introduced the "right to informational
  self-determination" (1983) and the right to the "absolute protection  
of
  the core area of the private conduct of life" (2004).

  [...]

  Constitutional Court Press Release (only in German, 27.02.2008)
  http://www.bverfg.de/pressemitteilungen/bvg08-022.html

  Constitutional Court Decision (BVerfG, 1 BvR 370/07), (only in German,
  27.02.2008)
  http://www.bverfg.de/entscheidungen/rs20080227_1bvr037007.html

  Video from the announcing the decision:
  http://video.google.com/videoplay?docid=8630696719785982383&hl=en

  Comprehensive press and background coverage (only in German)
  http://netzpolitik.org/2008/neues-grundrecht-auf-gewaehrleistung-von-vertraulichkeit-und-integritaet-von-informationssystemen/

  Germany's Highest Court Restricts Internet Surveillance (27.02.2008)
  http://www.dw-world.de/dw/article/0,2144,3152627,00.html

  The most spied upon people in Europe (27.02.2008)
  http://news.bbc.co.uk/1/hi/world/europe/7265212.stm

  (Contribution by Ralf Bendrath - EDRi member Netzwerk Neue Medien)

  More at:
  http://www.edri.org/edrigram