Bundesverfassungsgericht - Entscheidungen - Electronic Profile searc…ssible only in cases of specific danger to important legal interests
30.07.20, 15:56
The following abstract was prepared by the Federal Constitutional Court and submitted for publication to the
CODICES database maintained by the Venice Commission. Abstracts published by the Venice Commission
summarise the facts of the case and key legal considerations of the decision. For further information, please
consult the CODICES database.
Please cite the abstract as follows:
Abstract of the German Federal Constitutional Court’s Order of 4 April 2006, 1 BvR 518/02 [CODICES]
When referring to the original decision, please follow the suggested form of citation for decisions of the
Court.
Abstract
First Senate
Order of 4 April 2006
1 BvR 518/02
Headnotes:
1. Preventive police electronic profile searching of the type defined in § 31 of the North-Rhine/Westphalia Police
Act is only compatible with the fundamental right to informational self-determination (Article 2.2 in conjunction
with Article 1.1 of the Basic Law) if there is a specific danger to a person's life, limb or freedom. Such electronic
profile searching may not be carried out in advance of acts averting danger.
2. A general situation of threat such as has existed without interruption with regard to terrorist attacks since 11
September 2001, or tense situations in foreign policy, are not sufficient for a court order authorising electronic
profile searching. Instead, it is necessary for further facts to be present which give rise to a specific danger, for
example a danger that terrorist attacks will be planned or carried out.
Summary:
I.
Electronic profile searching is a search method which uses electronic data processing. The police authority
arranges for other public or private agencies to transmit personal data to it in order to compare these
electronically with other data. This procedure is followed in order to determine a subset of persons who match
specific characteristics which are laid down in advance and are regarded as important for the further course of
the investigations. After the terrorist attacks of 11 September 2001, the police authorities of the German states, in
cooperation with the Federal Criminal Police Office carried out electronic profile searching coordinated
throughout Germany for Islamic extremist terrorists. The objective, in particular, was to detect “sleepers”. The
state Offices of Criminal Investigation collected data for example from universities, residents' registration offices
and the Central Aliens Registry und screened the data according to the following criteria: male, age 18 to 40
years old, (former) student, Islamic religion, country of birth. The data obtained were then compared with further
data collected by the Federal Criminal Police Office. The electronic profile searching did not succeed in
discovering “sleepers”.
In October 2001, the Düsseldorf Local Court, on the application of the police authority, ordered electronic profile
searching to be introduced in North-Rhine/Westphalia. The court order was based on § 31 of the Police Act of the
State North-Rhine/Westphalia as amended on 24 February 1990 (hereinafter: “the Act”). Under subsection 1 of
this Act, the police may require personal data of particular groups of persons to be supplied by public or private
agencies for the purpose of electronic comparison with other data. For this to be permitted, the requirement is
that it is necessary to avert a present danger to the existence or the safety of the federation or a state or to life,
limb or freedom of a person.
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