PROTECTING DIGITAL DATA PRIVACY AS A TRANSNATIONAL RIGHT AND NATIONAL SECURITY CONSIDERATIONS: A Study of the Judgement of Germany Federal Constitutional Court of 19 May 2020

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Abstract

Protection of national security is among the major duties of the government agencies, and the acquisition of intelligence has become a major security measure. The Federal Intelligence Service is tasked with the role and its modaze of operation targets maximum acquisition of intelligence. It might be useful in averting potential security threats amidst continuous terror attacks, but its impacts on the infringement of personal privacy are a major cause for concern. In light of the Judgment of the Federal Constitutional Court, it is evident that the Federal Intelligence Service contravenes the fundamental right to privacy in its activities. The activities extend beyond the mere collection of intelligence on criminal activities to piling large volumes of personal data, especially on foreign nationals. This study utilizes a literature survey methodology to delve into the matter and obtain meaningful findings. The findings are used to formulate viable conclusions and recommendations.

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