the principle of appropriateness in the narrower sense.
aa) The provision empowers the constitution protection authority to effect encroachments on fundamental rights.
321
Information on account contents and account movements can be sensitive data the
obtaining of knowledge of which considerably impairs the interests of the person concerned that are protected by fundamental rights. The collection of such information
has hence as a rule an increased weight from the fundamental rights perspective
(see Federal Constitutional Court, Order of 13 June 2007 – 1 BvR 1550/03 et al. –,
Neue Juristische Wochenschrift 2007, p. 2464 (2470)). The intensity of the encroachment is also increased by virtue of its secrecy. According to § 5a.3 sentence 11 of the
North Rhine-Westphalia Constitution Protection Act, the financial institution which
provides the information may not notify the person concerned of the request for information and of the data transmitted. Finally, the person concerned may incur disadvantages since the financial institution holding the account of necessity hears of the
data collection and may draw unfavourable conclusions on an individual concerned
on the basis of such knowledge (see Federal Constitutional Court, Order of 13 June
2007 – 1 BvR 1550/03 et al. –, Neue Juristische Wochenschrift 2007, p. 2464 (2469)).
322
bb) The public interests pursued with § 5a.1 of the North Rhine-Westphalia Constitution Protection Act are however so weighty that they are not disproportionate to the
encroachments on fundamental rights that are regulated in the provision.
323
(1) The statute links the obtaining of knowledge on the account contents and account movements to factual preconditions which adequately accommodate the significance of the encroachment on fundamental rights for the person concerned.
324
§ 5a.1 of the North Rhine-Westphalia Constitution Protection Act makes the collection contingent on an element of endangerment that is qualified both as to the legal interests concerned, and as to the factual basis of the encroachment. There must be
factual indications of grievous dangers to the interests protected contained in § 3.1 of
the North Rhine-Westphalia Constitution Protection Act. The term “grievous danger”
refers – as in § 8a.2 of the Federal Constitution Protection Act (Bundesverfassungsschutzgesetz – BVerfSchG) (see on this Bundestag document (Bundestagsdrucksache – BTDrucks) 16/2921, p. 14), which has identical wording in this respect – to an
increased intensity of the threat to legal interests. The factual basis of the encroachments is additionally qualified by the requirement of factual indications of a grievous
danger. It is not sufficient for the regulated data collection to be useful in general
terms for the performance of the task of the constitution protection authority. Rather,
indications must exist of a situation in which the protected interests are under threat in
concrete terms.
325
With its two-fold qualification, the encroachment threshold meets the requirements
of the general right of personality. No further restrictions of the factual preconditions
of the encroachment are constitutionally required.
326
57/60