Law Drops EMail
am 04.03.2006 von http://www.recht.us/amlaw
CJ - Washington. On March 2, 2006, the Constitutional Supreme Court in Karlsruhe announced its decision on a constitutional complaint of a judge from Heidelberg concerning the secrecy of telecommunication, a constitutional right embodied in Art. 10(1) of the German constitution, Grundgesetz, in the matter 2 BvR 2099/04.
The justices held that the secrecy of telecommunication extends only to the transmission of a communication. Such protection expires with the termination of the transmission.
The court decided that electronic data such as stored EMails which result from a completed transmission of data and are saved on the addressees system are not protected by the secrecy principle governing telecommunications. For such data, the right of self-determination, Art. 2(1), Art. 1 (1) of …
Access to Data at ISP
German American Law Journal :: American Edition / CK - Washington. Piercing the layers of personal data protection in Germany, and much of the European Union, depends on the statute that applies to the origin, type and location of data. Generally, the law of personal information is person-cen…
Secrets Under Constitution
German American Law Journal :: American Edition / CK - Washington. Constitutional protection extends to trade secrets in matters before the administrative law courts, the Constitutional Supreme Court in Karlsruhe decided in a telecom case, docket number 1 BvT 2097/03, on March 14, 2006, which…
Jail for Incest Deferred
German American Law Journal :: American Edition / CK - Washington. The federal constitutional court in Karlsruhe is to rule on the issue of the criminal prohibition of incest and its compatibility with the constitution. In a preliminary decision of March 1, 2007, the court decided against gra…
Judge May Defend Pro Hac Vice and Pro Bono
German American Law Journal :: American Edition / CJ - Washington. On March 9, 2006, the Constitutional Supreme Court in Karlsruhe announced its decision on a constitutional complaint of a retired appellate judge concerning his refused admission as criminal defense counsel, in the matter 2 B…
Seizing Client Data From Lawyers
German American Law Journal :: American Edition / CK - Washington. In the course of a criminal investigation, the police may not search and seize all the data-storing equipment of a suspect, the German Federal Constitution Court in Karlsruhe decided on April 12, 2005, according to its press r…
Inviolability of Law Offices
German American Law Journal :: American Edition / CK - Washington. Searches of, and seizures in, law offices require enhanced constitutional scrutiny, the German Constitutional Supreme Court in Karlsruhe decided. In its press release of May 29, 2008, the court emphasizes the general inviolab…
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