نوع مقاله : مقاله پژوهشی
1 استادیار، دانشکده حقوق، دانشگاه شهید بهشتی .
2 دانشجوی کارشناسی ارشد حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی
عنوان مقاله [English]
Protection of Informational Self-Determination in the Constitutional System of the
Federal Republic of Germany concerning the European Union Procedure
Mohammad JALALI (Assistant Professor of Law, Shahid Beheshti University)
Pegah MARZBAN (M.A. in Public Law, Shahid Beheshti University)
Protection of personal data in the digital age is a necessity for Ensuring the privacy and development of personality. Informational Self-determination was first established in the constitutional system of the Federal Republic of Germany by ensuring the possibility for an individual to decide on the disclosure or use of his personal information. The Constitutional Court explained this concept in the "Population Census decision" in 1983. Since the democratic order of the fundamental law is based on the development of personality, informational Self-determination should enable citizens to freely develop their personality. Although the scope of this concept includes the integrity and confidentiality of information systems, the borders of informational Self-determination are threatened when the government is forced to use citizens’ private data to maintain public order or provide a service. The judicial procedure has a fundamental position in making the legal system dynamic regarding social development due to the immutability of the articles related to fundamental rights, forming the study concept. Since Germany is one of the member states of the European Union, data protection laws at the level of the Union affect Informational Self-determination.