which is not related to telecommunications. For the complainants do not submit in a
substantiated manner in what way they would be affected by this.
c) Finally, the broadness of the circle of persons with a duty of information also encounters no objections. The statutory provision is clearly designed to be able to attribute if possible all telecommunications numbers to their respective subscribers
(and in addition, ultimately, if possible, to their users). This is justified in view of the
aim of making investigations more effective. The fact that in this connection commercial providers, for example of Wi-Fi hotspots or in hotels, are in principle included
does not violate the principle of proportionality. In addition, the requirements contained in § 113.1 sentence 1 TKG and the procedural efforts which such an information procedure entails also ensure that the data are only accessed in the case of information of a certain importance.
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V.
The constitutional complaint is well-founded insofar as it challenges § 113.1 sentence 2 TKG.
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1. However, § 113.1 sentence 2 TKG is not subject to constitutional objections for
the mere reason that it permits access to the access protection data subject to the
provision. Here too there is an encroachment upon the fundamental right to informational self-determination which is capable of justification under general principles. In
this connection, the same applies with regard to the requirements of the relationship
to non-constitutional law which follow from the system of competencies and the principle of the rule of law as applies to § 113.1 sentence 1 TKG (see above C. IV. 1. to
3.).
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2. However, § 113.1 sentence 2 TKG does not satisfy the requirements which follow
from the principle of proportionality. It is true that the state has a legitimate interest in
making the data named in § 113.1 sentence 2 TKG accessible to the relevant authorities for their performance of their duties. But access to these data is not necessary in
the degree provided by § 113.1 sentence 2 TKG for these authorities to perform their
duties effectively.
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§ 113.1 sentence 2 TKG relates to data which, as access codes (such as passwords, PINs or PUKs), protect the access to end user devices and storage installations and thus protect the persons involved against access to the relevant data or
telecommunications events. The provision makes these data accessible to the authorities and thus puts the authorities in the position to surmount the relevant barriers.
In doing so, however, it defines the supply of information on these codes independently of the requirements for their use. Instead, the question as to when the authorities may use the access codes and have access to the data and telecommunications
events protected by them is determined under independent legal bases, as is expressly stated by § 113.1 sentence 3 TKG for encroachments upon the secrecy of
telecommunications. The requirements for this differ here depending on the nature of
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