Headnotes
to the Order of the First Senate
of 24 January 2012
– 1 BvR 1299/05 –
1. The attribution of telecommunications numbers to their subscribers is
an encroachment upon the right to informational self-determination. In
contrast, the attribution of dynamic IP address is an encroachment upon Article 10.1 of the Basic Law (Grundgesetz – GG).
2. When creating an information procedure, the legislature must create a
legal basis both for the transmission and for the retrieval of data.
3. The automated information procedure under §§ 112, 111 of the
Telecommunications Act (Telekommunikationsgesetz – TKG) is compatible with the constitution. In this connection, § 112 TKG requires independent enabling legislation for the retrieval.
4. The manual information procedure of §§ 113.1 sentence 1, 111, 95.1
TKG is compatible with the Basic Law when interpreted in conformity
with the constitution. Firstly, an appropriate legal basis is necessary
for the retrieval of the data, and this legislation must itself have clear
definitions creating a duty of information of the telecommunications
enterprises. Secondly, the provision may not be used to attribute dynamic IP addresses.
5. The security authorities may only require information on access codes
(§ 113.1 sentence 2 TKG) if the statutory requirements for their use are
satisfied.
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