Interesante Sentencia alemana sobre derecho a la intimidad de móviles, PDA, etcs
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 (Persönlichkeitsentfaltung) 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).
Information-technical systems that are protected under the new basic right are all systems that: "alone or in their technical interconnectedness can contain personal data of the affected person in a scope and multiplicity such that access to the system makes it possible to get insight into relevant parts of the conduct of life of a person or even gather a meaningful picture of the personality." (margin number 203)