Title: German Constitutional Court and gathering of computer data

Date: 12/20/2010

Subject: The Author comments on a decision of the German Constitutional Court of March 2010, according to which the law on telecommunications (Telekommunikationsgesetz TKG) and §100g of the Criminal Procedure Code (Strafprozessordnung - StPO), which have implemented in the German legal system Directive 2006/24/EC, concerning the conservation of data generated and treated within the supply of electronic communication services, are null because constitutionally illegitimate for the violation of art. 10.1 Grundgesetz, which protects the secrecy of communications.

Original language: Italian

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority

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