Kommunikationsschutz durch Art. 10 GG im digitalen Zeitalter

The impact on society resulting from the digital evolution should not be underestimated and the need for it to be reflected by constitutional changes is indispensable. Even though the German Federal Constitutional Court, frequently exercising its function progressively, accepts its incumbent role, still its reactions to the digital evolution of communication have to be considered as rather reluctant. The scope of protection under article 10 (1) of the federal constitution is, to some extent, interpreted too narrowly but, above all, little demands are made on the justification of public interventions. Modern communication technologies and requirements are at times not considered in a consistent manner. Furthermore, the Court's approach of (not) excluding evidence illegally obtained has to be assessed critically. Irrespective of the article's normative nature of outlining the core constitutional provision as to the protection of communication, the effective importance of article 10 therefore is decreasing. It will thus also in future remain necessary to pay more attention to the needs of communication protection.