The right to informational self-determination is the right of every individual to decide, in principle, for themselves on the disclosure and use of their personal data.
Origin
The Federal Constitutional Court derived this fundamental right from the general right of personality in the census judgment of 15 December 1983. It is not expressly mentioned in the Basic Law (Grundgesetz), but is regarded as the foundation of German data protection law.
Restrictions
The right is not unlimited. Interferences require a statutory basis that is sufficiently clear, serves an overriding public interest and is proportionate.
At European level, Arts. 7 and 8 of the Charter of Fundamental Rights protect private life and personal data. Within the scope of the GDPR, these fundamental rights take centre stage.
Legal provisions
- Art. 2(1) in conjunction with Art. 1(1) GG
- General right of personality as the basis.
- BVerfGE 65, 1
- Census judgment of 15 December 1983.
- Arts. 7 and 8 EU Charter of Fundamental Rights
- European fundamental rights to private life and data protection.
Related terms.
Data protection Data protection is the protection of natural persons with regard to the processing of their personal data. Art. 8 EU Charter of Fundamental Rights Prohibition subject to permission (Verbot mit Erlaubnisvorbehalt) The prohibition subject to permission describes the principle that processing personal data is prohibited unless it is permitted by a legal basis. Art. 6(1) GDPR 