11 Art. 10 GG: Privacy of Correspondence, Post, and Telecommunications

Abstract

This chapter deals with three independent fundamental rights guaranteed by Art. 10 of the Grundgesetz (GG): privacy of correspondence, privacy of post, and privacy of telecommunications. Under Art. 10 GG, free development of personality is guaranteed through private communication shielded from the public. The fundamental right protects the confidentiality of individual communication and is intended to compensate for the reduction in privacy which goes along with use of these technologies. The chapter examines the Federal Constitutional Court's jurisprudence regarding the scope of protection for postal privacy, privacy of correspondence and telecommunications privacy, focussing on cases relating to eavesdropping devices, online search and data retention. It also considers the question of interference with the privacy of correspondence, posts, and telecommunications, along with the constitutional justification of such interferences.