1. The collection of account contents and account movements provided in § 5a.1 of
the North Rhine-Westphalia Constitution Protection Act encroaches on the general
right of personality in its manifestation as a right to informational self-determination.
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Such account information can be significant for the protection of the personality of
the person concerned, and is protected by the fundamental right. According to the
current habits, most payment transactions which go beyond the cash transactions of
daily life are carried out via accounts. If information is deliberately compiled on the
contents of the accounts of a specific person, this makes it possible to view the assets
and the social contacts of the person concerned, insofar as these show a financial dimension – for instance via subscriptions or maintenance payments. Some account
content data, such as the amount of payments connected with consumptiondependent recurring obligations, can also permit further conclusions to be drawn as
to the conduct of the person concerned (see Federal Constitutional Court, Order of 13
June 2007 – 1 BvR 1550/03 et al. –, Neue Juristische Wochenschrift 2007, p. 2464
(2466)).
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The measures provided in § 5a.1 of the North Rhine-Westphalia Constitution Protection Act encroach on the right to informational self-determination. It is not a matter
here of whether the content of the impugned provision is limited to a power of the constitution protection authority to address a request for information to a financial institution, or whether it implicitly imposes an obligation on the respective financial institution to provide information. In either case, the provision empowers the authority to
undertake data collection exercises which as such already bring about an encroachment on fundamental rights.
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2. The encroachments on fundamental rights provided in § 5a.1 of the North RhineWestphalia Constitution Protection Act are however constitutionally justified for investigations in view of activities within the meaning of § 3.1 no. 1 of the North RhineWestphalia Constitution Protection Act. In particular, the impugned provision
complies with the principle of proportionality in this respect.
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a) Because of the expansion of the area of application of the provision, the measures regulated in § 5a.1 of the North Rhine-Westphalia Constitution Protection Act
also serve the purpose of reconnaissance of the financing channels and of the financial circumstances and intertwinings in connection with activities within the meaning
of § 3.1 no. 1 of the North Rhine-Westphalia Constitution Protection Act. This is a legitimate goal of protection of the constitution.
318
The provision in its expanded version is suited to reach this goal. It is also necessary
for it. No equally effective means is evident to achieve reconnaissance of bank transactions with a view to activities within the meaning of § 3.1 no. 1 of the North RhineWestphalia Constitution Protection Act that is less burdening for the person concerned.
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b) § 5a.1 of the North Rhine-Westphalia Constitution Protection Act also satisfies
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