The protection of fundamental rights of confidentiality and integrity of information technology systems

Abstract

The present analyzes the panorama of protection of fundamental rights in Germany in light of the technology advancement revealed by the recent development of information technology systems. Initially, the paper analyzes the famous trial held in 1983 ruled by the German Federal Constitutional Court, regarding the gathering of population data for census purposes, by which it was recognized a fundamental right to informational self-determination. Then, the paper analyses some necessities and possibilities for the protection of fundamental rights in connection with the subject of the paper, including the protection of confidence in systems information technology, as long as such necessities and possibilities are relevant to the personality right spectrum. In sequence, the paper analyzes certain provisions relevant to the protection of fundamental rights that are within the German Constitution, and ultimately, limits to such protection as well as conflicts between different provisions for the protection of fundamental rights on German Constitution.