Bundesverfassungsgericht - Decisions - Decision on the constitutionality of the 1983 Census Act
30.07.20, 15:50
statistical purposes be treated as strictly confidential (statistical data confidentiality); the same holds true for the
requirement that data be rendered anonymous as soon as possible and that safeguards against deanonymisation be put in place.
Particular problems arise if personal data is potentially transferred (data sharing) for other purposes. Where data
collected for statistical purposes is shared with other authorities to be used in the exercise of administrative
functions, and such data transfers occur before the data has been rendered anonymous or processed for
statistical analysis, this may unlawfully interfere with the right to informational self-determination.
Measured against these standards, the data collection framework provided under the Act is mostly compatible
with the general right of personality under Article 2.1 in conjunction with Article 1.1 of the Basic Law.
The data collection framework does not amount to the registration or cataloguing of full or partial personality
profiles in a manner that was incompatible with human dignity. The information-related interference with
fundamental rights serves an overriding public interest and satisfies the requirements of legal clarity and
proportionality. Yet, in order to ensure protection of the right to informational self-determination, it is imperative
that additional procedural safeguards be put in place. Essential safeguards include notification, information and
deletion requirements.
The envisaged alignment of census data collected for statistical purposes with civil registry data does not meet
constitutional requirements:
In principle, it constitutes an unjustifiable interference with the right to informational self-determination if personal
data collected for statistical purposes was allowed to be shared, without having been rendered anonymous, for
purposes pertaining to the exercise of administrative functions (use of data for purposes other than originally
specified purposes). In this respect, the relevant statutory basis must make it clear for citizens that their data will
not be used exclusively for statistical purposes; it must also be discernible for what kind of specific purposes
related to the exercise of administrative functions their personal data is intended to be used, that the use of their
data is necessary for and limited to the specified purposes, and that a guarantee of protection against selfincrimination applies. For the most part, the provisions of the Act governing the sharing of census data with other
administrative authorities do not satisfy these requirements.
The Court declared void the provisions of the Act that are not compatible with the Basic Law.
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