Constitutional complaint against Census Act 2011 not accepted

The First Chamber of the First Senate of the Federal Constitutional Court has not accepted a constitutional complaint against the Census Act 2011 (ZensG) for decision because the preconditions for acceptance have not been met.

The constitutional complaint does not meet the requirements that the Federal Constitutional Court Act places on the grounds of a constitutional complaint.

In the case of legal norms, it is regularly not sufficient to make the entire law the subject of a constitutional complaint. Rather, the exact designation of the provisions challenged by the constitutional complaint is necessary. In their constitutional complaint, the complainants initially object to the 2011 Census Act as a whole and request that it be declared as such incompatible with their fundamental rights, without
without naming the challenged provisions in detail. To the extent that they further state in their grounds of appeal that the data collection and aggregation provided for in the context of the 2011 Census pursuant to sections 3 to 9 of the Census Act constitute an unjustifiable encroachment on fundamental rights, the undifferentiated naming of these
provisions in view of their extensive and detailed regulatory content is not sufficient for a sufficient description of the challenged sovereign act.

Furthermore, the grounds of the constitutional complaint also do not sufficiently indicate the possibility of a violation of fundamental rights by the challenged regulations. The complainants primarily allege a violation of their right to informational self-determination.
The complainants primarily complain of a violation of their right to informational self-determination, without explaining which encroachments on this fundamental right the 2011 Census entails in more detail, i.e. what weight they have in detail and on the basis of which effects these encroachments should not satisfy the requirements of case law or the principle of proportionality.

Order of the BVerfG of 21 September 2010 - 1 BvR 1865/10 -

Source: Press release of the BVerfG of 1 October 2010

Goldberg Attorneys at Law 2010
Attorney at Law Michael Ullrich, LL.M. (Information Law)
Specialist attorney for information technology law (IT law)