I’ve always thought our German cousins/ancestors, whose language is well suited to trenchant philosophising, would be the first to articulate some of the deepest technical-privacy issues. And a promising sign will be the emergence of fabulous compound words to describe new concepts in the identity space. I hazarded a student-German guess about Privatlebennotwendigkeitbewußtsein. Now I gather there’s a constitutional (Grundgesetz) protection for something called Persönlichkeitsentfaltung which I think means the development of one’s identity.
Help, someone. What would be the German word for a fundamental right, enshrined in the constitution, to privacy which cannot be overridden at the convenience of Kafkaesque bureaucracy?
I should explain that one does not mess with the Grundgesetz. Some of its prohibitions may seem odd, but there’s no room for jokes. Several years ago a German doctor had a patient doing physio which involved swinging their arm forwards above shoulder height. In jest the doctor suggested it was more fun if the patient clicked her heels on each swing. He was prosecuted and convicted under the Grundgesetz, and fined several thousand Marks. So as I say: no-one tweaks the whiskers of the German constitution, and it’s a very good thing to have on our side.
Published by William Heath on 03/03/08 at 12:09pm
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The German constitutional court has already defined this in 2004 as the right to the “absolute protection of the core area of the private conduct of life” ("absoluter Schutz des Kernbereichs privater Lebensgestaltung"). This core area cannot be overridden by the government.
The recent ruling on online searches only made clear that this core area can nowadays be on a server outside our homes or even on our mobile phones.
Reply by Ralf Bendrath on 03/03/08 at 4:27 pm
Wilhelm
Das ist drei words “ Vorsprung durch Technik “
Alex
Reply by on 03/03/08 at 6:45 pm
"absoluter Schutz” feels great: absoute protection
“Kernbereich” is a fantastic word, evoking for me th einner core of an atomic power station
and Lebensgestaltung describes to me on ongoing process of organising life, not just a static set up.
Yup, I can see from the press release on your blog that what we’re trying to avoid at all costs are “Eingriffe in den absolut geschützten Kernbereich privater Lebensgestaltung.” Cheers Ralf. Keep up the good work. Are you involved in EDRI?
Reply by on 03/04/08 at 11:42 pm
Ian writes:
Well, frankly, both. I do think the Germans are more securely on track in the legal and constitutional thinking than we are. But I do love the compound words; it’s like pertinent art and Wibbies all rolled into one. So more of both please!
Reply by on 03/05/08 at 6:25 pm