not the subject-matter of the special guarantees of freedom contained in the Basic
Law, but which are not inferior to these in their constituting significance for the personality (see BVerfGE 99, 185 (193); 114, 339 (346)). Such a loophole-closing guarantee is needed in particular in order to counter new types of endangerment which
may occur in the course of scientific and technical progress or changed circumstances (see BVerfGE 54, 148 (153); 65, 1 (41); Federal Constitutional Court, Order
of 13 June 2007 – 1 BvR 1550/03 et al. –, Neue Juristische Wochenschrift 2007, p.
2464 (2465)). The assignment of a concrete legal protection claim regarding the various aspects of the right of personality conforms above all to the type of danger to the
personality (see BVerfGE 101, 361 (380); 106, 28 (39)).
b) The use of information technology has taken on a significance for the personality
and the development of the individual which could not have been predicted. Modern
information technology provides the individual with new possibilities, whilst at the
same time entailing new types of endangerment of personality.
170
aa) Recent developments in information technology have led to a situation in which
information technology systems are omnipresent and their use is central to the lives
of many citizens.
171
This applies first and foremost to personal computers, which can now be found in a
large majority of households in the Federal Republic (see Federal Statistical Office,
Statistisches Jahrbuch 2007, p. 113). The performance of such computers has increased, as has the capacity of their internal memories and of the storage media connected with them. Today’s personal computers can be used for a large number of different purposes, such as for the comprehensive administration and archiving of an
individual’s personal and business matters, as a digital library or in many ways as an
entertainment appliance. Accordingly, the significance of personal computers for the
development of personality has increased considerably.
172
The relevance of information technology for the life of the individual is not limited to
a greater spread and performance of personal computers. Additionally, many objects
which are used on an everyday basis by large sections of the population involve information technology components. This is increasingly the case for instance with
telecommunication or electronic appliances which are contained in dwellings or motor
vehicles.
173
bb) The performance of information technology systems and their significance for
the development of personality increase further if such systems are networked with
one another. This is increasingly becoming the norm, in particular because of the increased use of the Internet by large groups of the population.
174
The networking of information technology systems facilitates in general terms the
distribution of tasks among these systems and increases the total computing performance. Thus, for instance, data provided by individual networked systems can be
evaluated and the systems made to react in a certain manner. The scope of the func-
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