Right to informational self-determination

Informational self-determination consists of two points: Every individual has the right to disclose information about themselves—or the right to freely decide not to disclose any information at all. Furthermore, individuals have the right to decide what happens to their data and what it may not be used for.

Although the right to informational self-determination is not yet explicitly enshrined in the German Basic Law and is not an express human right, the Federal Constitutional Court has ruled that it is a fundamental right to data protection and a manifestation of the general right of personality. Read on to learn how this came about.

Informational self-determination in the analog age

The topic of informational self-determination and the right to it is not entirely new. Even before we had to deal with computers and digitalization, personal data was being collected. This was the case in 1983, when the federal government called for a census and public officials or representatives knocked on doors to ask people for their most private data and record it (back then, entirely analog with pen and paper).

However, many citizens resisted this overly intrusive data collection and the associated federal legislation, especially since the further use of the collected data was not entirely clear. Several constitutional complaints from citizens' initiatives and individuals led to the Federal Constitutional Court reviewing the law and, in a landmark ruling in December 1983, declaring it unconstitutional.

The so-called "Census Judgment" stated that there had been a significant and unjustified interference with the fundamental rights of individuals. The law was declared unconstitutional because it violated the complainants' right to informational self-determination. This right was derived from Article 1(1) and Article 2(1) of the Basic Law (GG).

This ruling laid the foundation for an amendment to the Federal Data Protection Act (BDSG) in 1990.

Informational self-determination today

Although the right to informational self-determination is not explicitly set out in the Basic Law, it is considered a fundamental right to data protection through the case law of the Federal Constitutional Court. In times of data processing on the internet by companies as well as public authorities, informational self-determination is a vital asset intended to protect every individual from the misuse of their personal data. Since May 2018, the legal basis for the protection of this data has been the General Data Protection Regulation (GDPR).

What does informational self-determination mean for companies?

Based on the GDPR, companies must, for example, be very careful to conclude the correct agreements with their employees and customers regarding the processing of personal data. Failure to comply with data protection in a company can result in heavy fines.

In concrete terms, this means that every individual must be informed right from the start about the collection and processing of their personal data. This applies even if the individual provides their data voluntarily, such as when applying for a job.

It is also important that all persons whose data is processed generally have the right to have it changed or deleted at any time. If you are unsure about this in your company, your data protection officer can help you handle personal data correctly.

Conclusion

The right to informational self-determination is broad and should be carefully observed by companies today. A data protection officer is always a good investment to ensure compliance with all applicable data protection laws.