The census judgment is the decision of the Federal Constitutional Court of 15 December 1983 which established the right to informational self-determination.
Background
The occasion was the 1983 Census Act, which provided for a comprehensive collection of data about the population. Numerous constitutional complaints were lodged against the Act. The Court declared parts of it unconstitutional, and the census finally took place in 1987 on a new legal basis.
Key findings
Under the conditions of automated data processing, there is no longer any such thing as insignificant data. Every individual must, in principle, be able to decide for themselves on the disclosure and use of their data.
Restrictions require a clear statutory basis and must be proportionate. The judgment shaped principles such as purpose limitation and legal clarity that still define data protection law today.
Legal provisions
- BVerfG, judgment of 15 December 1983
- 1 BvR 209/83 et al., BVerfGE 65, 1.
- Art. 2(1) in conjunction with Art. 1(1) GG
- General right of personality as the constitutional basis.
Related terms.
Data protection Data protection is the protection of natural persons with regard to the processing of their personal data. Art. 8 EU Charter of Fundamental Rights Purpose limitation Purpose limitation is the principle that personal data may only be collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes. Art. 5(1)(b) GDPR 