May 2008
German Federal Constitutional Court Rules on ‘Online Search’ of ComputersBy Dr. Katharina Scheja
Recently, the highest German Court, the Federal Constitutional Court confirmed a new human right regarding a person’s “confidentiality of data and integrity of IT systems.” The judgment is a landmark decision that will have impact on further legislative activity as well as IT jurisdiction in various areas. The new right is being derived from the “general personal right,” one of the fundamental human rights of the German constitution.
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