PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Data Protection and Free Speech in Germany

Posted on November 1, 2010 by pogowasright.org

Thorsten Feldmann guest-blogs on Zohar Efroni’s blog.  Zohar introduces him as a  well-known expert on German data protection law and a blogger in his own right.

Privacy protection in the global information society is today, perhaps more than ever before, a hotly-debated topic in Germany. I had the opportunity last week at a conference held in Berlin to exercise my free speech right while speaking on my favorite topic these days: Data Protection v. Free Speech law.

It is settled in Germany that speech on the Internet enjoys the same level of constitutional protection as off-line speech. At the same time – at least since the Lindqvist decision rendered by the European Court of Justice on Nov. 6, 2003 (Case C-101/01) – the act of releasing a statement about a living person over the Web is controlled by a set of rather restrictive data protection regulations (applicable to so-called person-related information).

There are multiple troubling implications to this classification. For instance, the approach of section 3 of the German Data Protection Act (BDSG), seeking to minimize the intrusion into the personal sphere, already spells out the principle of “less” data processing, which means in a free speech context “less free speech” and thereby contradicts the constitutional principle according to which free speech has to be fostered. According to a strict reading of the applicable provisions, expressing an opinion in such cases would be subject to the German Data Protection Act’s basic principle of prohibition of data processing unless expressly allowed. It further subjects such speech to the supervision powers of the various state privacy commissioners in Germany.

Read more on CIS.

Category: LawsNon-U.S.Online

Post navigation

← US suicide: Indian-origin pupil ‘never transmitted’ gay-sex clip
The ICO’s latest position on Google Street View →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • FTC dismisses privacy concerns in Google breakup
  • ARC sells airline ticket records to ICE and others
  • Clothing Retailer, Todd Snyder, Inc., Settles CPPA Allegations Regarding California Consumer Privacy Act Violations
  • US Customs and Border Protection Plans to Photograph Everyone Exiting the US by Car
  • Google agrees to pay Texas $1.4 billion data privacy settlement
  • The App Store Freedom Act Compromises User Privacy To Punish Big Tech
  • Florida bill requiring encryption backdoors for social media accounts has failed

RSS Recent Posts on DataBreaches.net

  • International cybercrime tackled: Amsterdam police and FBI dismantle proxy service Anyproxy
  • Moldovan Police Arrest Suspect in €4.5M Ransomware Attack on Dutch Research Agency
  • N.W.T.’s medical record system under the microscope after 2 reported cases of snooping
  • Department of Justice says Berkeley Research Group data breach may have exposed information on diocesan sex abuse survivors
  • Masimo Manufacturing Facilities Hit by Cyberattack
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy