The Sozialer Rechsstaat as a reference for privacy right and data protections laws in German jurisprudence

Abstract

Privacy right is generally based on individualistic arguments, however the solidarity principle must apply, providing privacy right a social approach. This paper argues that such understanding is found in the rulings of the Federal Constitutional Court of Germany and analysis relevant evidence in that regard. It concludes that the right of information self-determination in Germany is set within its proper social place, where the person must be able to maintain his/her autonomy in a context defined socially, and remain responsible for the general good.