Paul Schwartz, The Constitutional Right to Confidential and Secure Information Systems: German and American Telecommunications Privacy in Comparison
Comment by: Mark Eckenwiler
Workshop draft abstract:
In 2008, the German Constitutional Court declared a new constitutional right that protected the confidentiality and security of information systems. According to the German High Court, this constitutional interest protects the individual against certain kinds of searches of her personal computer, cell phone, or electronic calendar. To protect this right, the Court required the creation of suitable procedures by the legislature. In my presentation, I discuss a broad series of contemporary German legal developments that respond to new kinds of online searches and telecommunications surveillance as well as the post-9/11 policy landscape. The presentation will draw comparisons with the legal response in the United States.