excessively broad exceptions to the obligation of notification demanded by the fundamental rights concerned, thus largely rendering it ineffective.
4. The complainants re 1 are of the view that § 5a.1 of the North Rhine-Westphalia
Constitution Protection Act violates the right to informational self-determination. The
provision is said to facilitate the collection of account contents under insufficiently
stringent preconditions, and is hence said to be disproportionate.
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§ 13 of the North Rhine-Westphalia Constitution Protection Act is said to violate the
principle of separation between secret services and police authorities, which is regarded as an expression of the principle of the rule of law in conjunction with the right
to informational self-determination.
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5. The complainants re 2 submit that § 7.2 of the North Rhine-Westphalia Constitution Protection Act allegedly violates Article 13.1 of the Basic Law. The provision is
said not to comply with the requirements which the Federal Constitutional Court (Bundesverfassungsgericht) stipulated in its judgment on acoustic monitoring of dwellings
in criminal procedure.
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§ 8.4 sentence 2 of the North Rhine-Westphalia Constitution Protection Act is said to
violate the right to informational self-determination since it does not contain a regulation on the deletion of personal data in electronic case files. The provision is hence alleged to make impermissible stockpiling of data possible.
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Insofar as data is said to be concerned which had been obtained by a measure according to § 5.2 no. 11 of the North Rhine-Westphalia Constitution Protection Act, finally, the transmission provision contained in § 17.1 of the North Rhine-Westphalia
Constitution Protection Act is also said to be unconstitutional. It is said to violate the
imperatives of the purpose limitation principle of the clarity of provisions and of proportionality.
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II.
Written statements on the constitutional complaints have been submitted by: the
Federal Government, the Land Government and the Landtag (state parliament) of
North Rhine-Westphalia, the Saxon State Government, the Federal Administrative
Court (Bundesverwaltungsgericht), the Federal Commissioner for Data Protection
and Freedom of Information (Bundesbeauftragter für den Datenschutz und die Informationsfreiheit) and the Land Commissioner for Data Protection and Freedom of Information (Landesbeauftragte für Datenschutz und Informationsfreiheit) of North
Rhine-Westphalia. The parliamentary groups of the SPD and Alliance 90/The Greens
in the North Rhine-Westphalian Landtag have submitted a legal expert report commissioned by them. The Senate has also commissioned expert written statements
from Andreas Bogk, Dirk Fox, Professor Dr. Felix Freiling, Professor Dr. Andreas
Pfitzmann and Professor Dr. Ulrich Sieber.
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1. The Federal Government discusses in general terms without directly referring to
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17/60