# German Federal Constitutional Court (BVerfG), judgment of 15 December 1983, 1 BvR 209/83 and others, Census

Landmark decision of the BVerfG on the right to informational self-determination and on the requirements for data processing by the state.

> Quelle: https://www.thomashelbing.com/en/wissen/dsgvo-hub/rechtsprechung/1.4.1-bverfg-volkszaehlung
> Sprache: en



## 1 Overview [#1-overview]

In the Census judgment, the German Federal Constitutional Court (BVerfG) developed the **right to informational self-determination** as an emanation of the general right of personality under Article 2(1) of the German Basic Law (GG) in conjunction with Article 1(1) GG. The decision continues to shape German data protection law to this day and is also regularly relied on as a benchmark in the context of the GDPR.

Citation: [BVerfGE 65, 1 = NJW 1984, 419 (DFR)](https://www.servat.unibe.ch/dfr/bv065001.html)

## 2 Relevance for the principles of the GDPR [#2-relevance-for-the-principles-of-the-gdpr]

The judgment describes the fundamental relationship between data processing and freedom: anyone who cannot foresee what information about them is known may be substantially inhibited in their freedom to plan or to decide on the basis of their own self-determination. This consideration underlies the principle of transparency (Article 5(1)(a) GDPR) and at the same time shapes the requirements as to the accuracy of personal data (Article 5(1)(d) GDPR).

In the judgment, the BVerfG also held the processing of personal data **for stockpiling purposes** to be incompatible with the right to informational self-determination. That idea lives on in the principle of purpose limitation (Article 5(1)(b) GDPR).


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## About the author

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