by Jonathan Beaulieu Bourgault (University of Montreal)
In 1968, Germany saw the need to amend the Basic Law in order to respond to new terrorist threats that had not been foreseen. The Government took steps to invade privacy in Article 10 of the Basic Law, namely secrecy in correspondence, post and telecommunications. Since then, no changes have been made and the Government has tightened its anti-terrorism laws to give more power to the intelligence services. These old and new actions reflect a certain tension because of the balance between combating terrorism and the civil liberties laid down in the Basic Law. This work consists of examining the constitutionality of Article 10 of the Basic Law and the G10 Law supplementing the same article. The new BND law which increases the powers of the Federal Intelligence Agency outside its borders will be assessed in relation to German Law and International Law.
Working Paper: L’Allemagne - ses spécificités en terme de surveillance des télécommunications
Citation: Jonathan Beaulieu Bourgault, "L’Allemagne : ses spécificités en terme de surveillance des télécommunications", Working Paper n°15, OSN, 2017.
This content has been updated on 13 April 2017 at 10 h 15 min.