The new fundamental right to it security — First evaluation and comparative view at the U.S.

Abstract

The recent Decision of the German Federal Constitutional Court from February 2008 sheds light on the constitutional side of the intersection of law and technology. 25 years after its landmark “Census” decision promulgating the fundamental right to information self-determination the Court “invented” a new fundamental right to the integrity and confidentiality of IT systems. On the background of rapid technological development and especially the rising of the internet as a new medium of communication the Court consistently expanded its line of constitutional protection to fill the gap that has arisen. This decision further opens the gap to the restrictive stance of the U.S. Supreme Court on the constitutional foundation of privacy while at the same time providing some comparative insights into the different interpretations of the respective Constitutions in the information age.