without the rules on maintaining files referred to, is irrelevant per se in terms of the
fundamental rights. The constitutional complaint of the complainants re 1 is however not addressed against provisions that are referred to, such as the provisions of
the Anti-Terror File Act (Antiterrordateigesetz) of 22 December 2006 (Federal Law
Gazette I, p. 3409).
C.
Insofar as they are admissible, the constitutional complaints are largely well founded. § 5.2 no. 11 of the North Rhine-Westphalia Constitution Protection Act is unconstitutional and null and void in the second alternative listed there (I.). The same applies to the first alternative of this provision (II.). As a result of the nullity, the
complaints addressed against § 5.3 and § 17 of the North Rhine-Westphalia Constitution Protection Act are disposed of (III.). By contrast, there are no constitutional objections (IV.) against § 5a.1 of the North Rhine-Westphalia Constitution Protection Act.
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I.
§ 5.2 no. 11 sentence 1 alternative 2 of the North Rhine-Westphalia Constitution
Protection Act, which regulates secret access to information technology systems, violates the general right of personality (Article 2.1 in conjunction with Article 1.1 of the
Basic Law) in its particular manifestation as a fundamental right to the guarantee of
the confidentiality and integrity of information technology systems.
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This manifestation of the general right of personality protects against encroachment
on information technology systems, insofar as the protection is not guaranteed by
other fundamental rights, such as in particular Article 10 or Article 13 of the Basic
Law, as well as by the right to informational self-determination (1). In the instant case,
the encroachments are not constitutionally justified: § 5.2 no. 11 sentence 1 alternative 2 of the North Rhine-Westphalia Constitution Protection Act does not comply with
the principle of the clarity of provisions (2 a), the requirements of the principle of proportionality are not met (2 b) and the provision does not contain any sufficient precautions to protect the core area of private life (2 c). The impugned provision is null and
void (2 d). There is no need for an additional review against other fundamental rights
(2 e).
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1. § 5.2 no. 11 sentence 1 alternative 2 of the North Rhine-Westphalia Constitution
Protection Act grants powers to encroach on the general right of personality in its special manifestation as a fundamental right to the guarantee of the confidentiality and integrity of information technology systems; it enters the field besides the other concrete forms of this fundamental right, such as the right to informational selfdetermination, as well as the guarantees of freedom contained in Article 10 and
Article 13 of the Basic Law, insofar as these do not guarantee any or sufficient protection.
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a) The general right of personality guarantees elements of the personality which are
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