REMEMBRANCE IN TIME - Index of

B. A. MESTER et al.:Privacy Protection in Cases of Access to Stasi Files 397
contained in the Stasi Archives is the kind of documents that are the subject of the request
for information. After that it is decided to which extent it is possible to have access to the
original filesor whether it is necessary to give duplicates with anonymous information to
the person concerned (see § 13 StUG).
The concept of personal information is not defined by the Stasi Records Act. Instead,
the courts use the existing formulations of the Federal Data Protection Act
(§ 3 section 1 BDSG). 7 Furtherm, the Stasi Records Actgives requirements for the insight
and return of documents. Either there has to be made a balance of interests before the
insight and return of documents (see § 3 section 3, § 13 section 4 No. 2 StUG) or the
consent of other persons whose information is contained in the documents has to be given
(§ 13 section 4 No. 1 StUG). To understand this regulationin the Stasi Records Act the
general personality right and the right to informational self-determination is presented.
3.The general personality right
The fundamental right to free development of one’s personality is generally protected in
Germany by Article 2 section 1 in conjunction with Article 1 section 1of the German
Constitution (Grundgesetz – GG). Entailed is the protection against any burden, from the
mere existence to the physical integrity up to the free movement of every individual. 8 The
general personality right is defined as the "right to respect and the non-infringement of
the person (individual sphere), especially in his/her immediate manifestation (appearance,
writing, and speech), his/her social prestige (honor) and his/her directly associated realm
of existence (private and intimate sphere). 9 Protected are also the character image, the
right to a secret sphere and the economic reputation; covered are in particular
professional, religious and moral activities. Included is also the evaluation of this
information. 10 Above all this is about protecting the autonomy of every individual with
self-determination. It is a defensive right which protects the individual depending on the
degree, the quality and the extent of the interference and the public relation. 11 According
to the Federal Constitutional Court (Bundesverfassungsgericht) the constitutionally
guaranteed general personal rights in Article 2 section 1 in conjunction with
Article 1 section 1 GG 12 protects not only the closer personal sphere of life, but also the
preservation of the basic conditions which ensure its existence which is not completely
protected by the traditional guarantor of freedom (Freiheitsgarantin). The need for this
assurance is particularly due to the modern development and the associated risks for the
general personal right. 13 A violation of the general personal right is every burden which is
placed on this right. 14 A part of the general personal right is the right to informational
7 Cf. BVerwG, Urteil v. 8.3.2002, Aktz. 3 C 46/01, NJW 2002, p. 1815 ff.
8 Geigel, Haftpflichtprozess, 26. Auflage 2011, 23. KapitelRn. 17.
9 Cf. Schaub, Arbeitsrechts-Handbuch, § 148 Rn. 2.
10 SeeGeigel, Haftpflichtprozess, 23. KapitelRn. 17
11 Cf. Geigel, Haftpflichtprozess, 23. Kapitel Rn. 17.
12 From 23.5.1949 (BGBl. I), as last amended by Act of 26.7.2002 (BGBl. I p. 2863).
13 BVerfG, Beschluss vom 3.6.1980 – 1 BvR 185/77, NJW 1980, 2070; seePieroth/Schlink,
Grundrechte Staatsrecht II, Rn. 429; Jarass, NJW 1989, p. 857.
14 Cf. Schaub, Arbeitsrechts-Handbuch, § 148 Rn. 22; on the problem of interference see
Pieroth/Schlink, GrundrechteStaatsrecht II, Rn. 436 ff.