by service providers under this provision (see § 3 no.3 TKG) give no information on
specific telecommunications connections.
However, § 113.1 TKG does create an encroachment upon Article 10.1 of the Basic
Law insofar as, in current practice, it is relied on to enable an attribution of dynamic IP
addresses to their subscribers (see OVG Münster, Order of 17 February 2009 – 13 B
33/09 –, MMR 2009, p. 424; OLG Zweibrücken, Order of 26 September 2008 – 4 W
62/08 –, MMR 2009, pp. 45-46; Cologne Regional Court (Landgericht – LG), Order of
14 October 2008 – 106 Qs 24/08 –, CR 2008, p. 803 <804>). For insofar as the
telecommunications enterprises have to supply information on this, they are initially
obliged to access the traffic data stored by themselves under § 96 TKG and to evaluate them. However, since these data are subject to the protection of the secrecy of
telecommunications, a government-imposed duty to use them is to be measured
against Article 10.1 of the Basic Law.
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2. The challenged provisions encroach upon the right to informational selfdetermination.
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a) The right to informational self-determination takes account of endangerments and
violations of personality which arise in the conditions of modern data processing from
information-related measures (see BVerfGE 65, 1 <42>; 113, 29 <46>; 115, 166
<188>; 115, 320 <341-342>; 118, 168 <184>; 120, 378 <397>). The free development of personality presupposes the protection of the individual against unrestricted
collection, storage, use and transmission of the individual’s personal data. This protection is therefore covered by the fundamental right of Article 2.1 in conjunction with
Article 1.1 of the Basic Law. In this respect, the fundamental right guarantees the authority of the individual in principle himself or herself to decide on the disclosure and
use of his or her personal data (BVerfGE 65, 1 <43>; 113, 29 <46>). The guarantee of
the fundamental right takes effect in particular when the development of personality is
endangered by government authorities using and combining personal information in a
manner which persons affected can neither fully appreciate nor control (see BVerfGE
118, 168 <184>). The extent of protection of the right to informational selfdetermination is not restricted to information which by its very nature is sensitive and
for this reason alone is constitutionally protected. In view of the possibilities of processing and combining, there is no item of personal data which is in itself, that is, regardless of the context of its use, insignificant (see BVerfGE 65, 1 <45>; 118, 168
<185>; 120, 378 <398-399>; established case-law). In particular, the protection of informational self-determination also includes personal information on the procedure by
which telecommunications services are provided.
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Provisions which give authority for government authorities to deal with personal data
as a rule create a number of encroachments which build on each other. In this respect, a distinction must in particular be made between the collection, storage and
use of data (see BVerfGE 100, 313 <366-367; 115, 320 <343-344>; 120, 378
<400-401>; 125, 260 <310>). In legislating for data exchange for the purpose of the
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