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Germany · Geography does not establish applicable law.
Confirmed applicable legislation
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Court case 1 BvR 1873/13, 1 BvR 2618/13 (Bestandsdatenauskunft II) – Court Ruling (Germany, 2020)

Court Ruling
DPA BVerfG27 May 2020Germany
final
Court Ruling

Privacy enforcement record

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A German court ruled that certain laws allowing authorities to access customer data were unconstitutional. This is important because it protects individuals' rights to privacy and limits how much personal information can be shared with the government. Companies should be aware of these privacy rights when handling customer data.

What happened

A German court found that laws allowing access to customer data by authorities violated privacy rights.

Who was affected

Individuals whose customer data could be accessed by authorities were affected.

What the authority found

The court ruled that the laws lacked sufficient specificity and proportionality, violating constitutional rights.

Why this matters

This ruling reinforces the importance of privacy rights and sets limits on government access to personal data. Companies should ensure their data practices respect these rights.

National Law Articles
AI-identified
Art 113 TKG
Art 2 (1) GG
Art 1 (1) GG
Art 10 (1) GG
Decision AuthorityBVerfG

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Full Legal Summary
Detailed

Two individuals, plus approx. 6000 formally joining, brought constitutional complaints (Verfassungsbeschwerde) to the court, claiming that the challenged provisions of national law were violating their basic rights of informational self-determination and their right to privacy of telecommunications as guaranteed by the German constitution. Whether the challenged provisions regulating transfer and access of specific types of customer data (Bestandsdaten) to and by federal authorities are constitutional or too far reaching and hence violating basic rights. The court held that § 113 of the telecommunications act (Telekommunikationsgesetz – TKG) regulating the transfer of customer data from telecommunication and internet service providers as well as several other provisions governing authorities’ access rights are incompatible with Art 2 (1) in conjunction with Art 1 (1) and Art 10 (1) of the German constitution (Basic Law – Grundgesetz – GG) for lack of consideration of the principle of proportionality. In particular, the bases for requiring transfer and access are not sufficiently specific and must be proportionate in relation to the type of data requested, including purpose limitation. The data in question is primarily so-called subscriber data (Bestandsdaten), referring to data linked to the conclusion or performance of a contract, as opposed to traffic and content data.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case 1 BvR 1873/13, 1 BvR 2618/13 (Bestandsdatenauskunft II) in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

27 May 2020

Authority

DPA BVerfG

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case 1 BvR 1873/13, 1 BvR 2618/13 (Bestandsdatenauskunft II) - Germany (2020). Retrieved from cookiefines.eu

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