Baer,
Britz
held on the basis of the oral hearing of 6 November 2012 as follows:
Judgment
1. a) § 1 section 2 and § 2 sentence 1 number 3 of the Act on Setting up a
Standardised Central Counter-Terrorism Database of Police Authorities and Intelligence Services of the Federal Government and the
Laender (the Counter-Terrorism Database Act) of 22 December 2006
(Federal Law Gazette l page 3409) are incompatible with Article 2 section 1 in conjunction with Article 1 section 1 of the Basic Law.
b) § 2 sentence 1 number 1 letter b, with reference to the support for a
supporting group, and § 2 sentence 1 no. 2 of the Counter-Terrorism
Database Act, with regard to the criterion “advocacy”, are incompatible with Article 2 section 1 in conjunction with Article 1 section 1 of
the Basic Law.
c) § 5 section 1 sentence 2 number 1a of the Counter-Terrorism Database Act is incompatible with Article 2 section 1 in conjunction with
Article 1 section 1 of the Basic Law to the extent that information under § 3 section 1 number 1a of the Counter-Terrorism Database Act
can be accessed when a search of the extended basic data yields a
match.
d) § 3 section 1 sentence 1 number 1b and § 10 section 1 of the
Counter-Terrorism Database Act are incompatible with Article 2 section 1 in conjunction with Article 1 section 1 of the Basic Law, to the
extent that they lack the supplementary provisions as laid out in the
Reasons.
e) § 2 sentence 1 number 2 and § 10 section 1 of the CounterTerrorism Database Act are otherwise to be interpreted in conformity
with the Constitution as laid out in the Reasons.
2. § 2 sentence 1 numbers 1 to 3, § 3 section 1 number 1, § 5 sections 1
and 2 and § 6 sections 1 and 2 of the Counter-Terrorism Database Act
are incompatible with Article 10 section 1 and Article 13 section 1 of
the Basic Law insofar as they extend to covertly stored data not covered by § 4 of the Counter-Terrorism Database Act that derive from interferences with the secrecy of telecommunications and the fundamental right to the inviolability of the home.
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