In particular, the view of the complainant re 1b that the substantive encroachment
threshold must be increased as to the activities named in § 3.1 no. 1 of the North
Rhine-Westphalia Constitution Protection Act such that § 5a.1 of the North RhineWestphalia Constitution Protection Act only covers activities that are militant and incite to hatred and violence is to be rejected. It is adequately ensured by the requirement of factual indications of a grievous danger that a vague suspicion that specific
groups could target the free democratic fundamental order does not suffice to collect
account contents and account movements. The concomitant encroachment, on the
other hand, is not so grievous that it could only be proportionate for fighting violent
groups or those groups which incite to hatred and violence.
327
No decisive constitutional objections emerge from the fact that § 5a.1 of the North
Rhine-Westphalia Constitution Protection Act does not regulate any special requirements in the selection of the person concerned by data collection. On this basis, it
may happen that account content data may be collected with regard to a person who
is not under suspicion of being legally responsible for the danger. One can consider in
particular that someone has been involved as a tool acting in good faith in asset
transactions of the activities concerned. However, it is also constitutionally permissible to effect a measure according to § 5a.1 of the North Rhine-Westphalia Constitution Protection Act against such a person if it is otherwise impossible to clarify financing mechanisms. The selection between several conceivable persons concerned can
also be adequately guided by the principle of proportionality that is applicable in the
context of § 5a.1 of the North Rhine-Westphalia Constitution Protection Act. By contrast, information on the account contents of persons who are not under suspicion of
being deliberately or non-deliberately involved in the asset transactions of the activities concerned will hardly ever be able to serve the statutory goal of countering a
grievous danger by reconnaissance of financing mechanisms.
328
(2) The impugned provision also takes account of the grievousness of the regulated
encroachment on fundamental rights by means of suitable procedural precautions.
329
For instance, data collection according to § 5a.3 sentence 3 of the North RhineWestphalia Constitution Protection Act requires an order from the Minister of the Interior, which is to be requested by the head of the constitution protection department or
his or her deputy. The encroachment on fundamental rights lying in the collection of
account contents and account movements is not so grievous that ex-ante control by a
neutral body is constitutionally required per se. The intra-authority control provided
however serves to secure the interests of the person concerned in the preparatory
phase of data collection, and hence contributes to the proportionality of the encroachment. What is more, additional ex-post control by the G 10 Commission is provided
for according to § 5a.3 sentences 4 to 8 of the North Rhine-Westphalia Constitution
Protection Act, which equally serves the protection of the interests of the person concerned that are protected by fundamental rights.
330
§ 5a.3 sentence 9 of the North Rhine-Westphalia Constitution Protection Act in con-
331
58/60