- Appeal against Bavarian law on the protection of the Constitution
Bavaria's State Office for the Protection of the Constitution is once again a case for the Federal Constitutional Court. The Society for Civil Liberties (GFF) and climate activists from Bavaria have filed a constitutional complaint with Germany's highest court against the law. The criticism specifically targets a provision that allows the state's office to share personal data with private entities such as employers or landlords under very low thresholds. A spokesperson for the court in Karlsruhe confirmed the receipt of the complaint.
"It's bad enough that the Constitutional Protection Office is monitoring the climate justice movement. If the secret service can now also pass on personal data to my employer, I have to think twice about which events I attend or who I talk to," said plaintiff Johnny Parks, who is active with "Last Generation". The movement was classified as a left-wing extremist suspect case by the Federal Office for the Protection of the Constitution.
GFF already caused changes to the law in Karlsruhe in 2022
The Bavarian State Office for the Protection of the Constitution was last updated about a year ago, with a complaint from GFF against previous regulations on bugging and tapping of apartments, online searches, and cell phone tracking also playing a role. (Case No.: 1 BvR 1619/17)
GFF emphasized that the sharing of such information by the Constitutional Protection Office could have "serious consequences" for those affected, such as loss of employment or social exclusion. It is a significant interference with fundamental rights if third parties can determine personal data. "Such a serious interference can only be justified in exceptional cases, such as to avert a danger. The aim of the constitutional complaint is for the Federal Constitutional Court to set clear standards and strict limits for the information sharing by secret services with private entities," it continued. "Such methods have no place in a democracy."
The GFF and climate activists have raised concerns about the Secret Service's ability to share personal data with employers, stating that it may influence their participation in events or social interactions. The Federal Constitutional Court in Karlsruhe is currently considering a constitutional complaint filed by GFF, seeking to establish clear guidelines and strict limits for the sharing of such information by secret services.
