Violation of Privacy in Europe
Violation of the Postal and Telecommunications Secret in Germany
Provisions relating to violation of the postal and telecommunications secret in the German Criminal Code [1]: This criminal issue is covered by Chapter Fifteen, under the heading “Violation of Privacy,” located in Section 206 Violation of the postal and telecommunications secret, which reads: (1) Whosoever unlawfully discloses to another person facts which are subject to the postal or telecommunications secret and which became known to him as the owner or employee of an enterprise in the business of providing postal or telecommunications services, shall be liable to imprisonment of not more than five years or a fine. (2) Whosoever, as an owner or employee of an enterprise indicated in subsection (1) above unlawfully opens a piece of sealed mail which has been entrusted to such an enterprise for delivery or gains knowledge of its content without breaking the seal by using technical means; 1. suppresses a piece of mail entrusted to such an 2. enterprise for delivery; or 3. permits or encourages one of the offences indicated in subsection (1) or in Nos 1 or 2 above, shall incur the same penalty. (3) Subsections (1) and (2) above shall apply to persons who 1. perform tasks of supervision over an enterprise indicated in subsection (1) above; 2. are entrusted by such an enterprise or with its authorisation, to provide postal or telecommunications services; or are entrusted with the establishment of facilities serving the operation of such an enterprise or with performing work thereon. 3. (4) Whosoever unlawfully discloses to another person facts which became known to him as a public official outside the postal or telecommunications service on the basis of an authorised or unauthorised infringement of the postal or telecommunications secret shall be liable to imprisonment of not more than two years or a fine. (5) The immediate circumstances of the postal operations of particular persons as well as the content of pieces of mail are subject to the postal secret. The content of telecommunications and their immediate circumstances, especially the fact whether someone has participated in or is participating in a telecommunications event, are subject to the telecommunications secret. The telecommunications secret also extends to the immediate circumstances of unsuccessful attempts to make a connection.
Violation of the Privacy of the Spoken Word in Germany
Provisions relating to violation of the privacy of the spoken word in the German Criminal Code [1]: This criminal issue is covered by Chapter Fifteen, under the heading “Violation of Privacy,” located in Section 201 Violation of the privacy of the spoken word, which reads: (1) Whosoever unlawfully makes an audio recording of the pr 1. ivately spoken words of another; or 2. uses, or makes a recording thus produced accessible to a third party, shall be liable to imprisonment of not more than three years or a fine. (2) Whosoever unlawfully 1. overhears with an eavesdropping device the privately spoken words of another not intended for his attention; or publicly communicates, verbatim or the essential content of, the privately spoken words of another recorded pursuant to subsection (1) No 1 above or overheard pursuant to subsection (2) No 1 above 2. shall incur the same penalty. The offence under the 1st sentence No 2 above, shall only entail liability if the public communication may interfere with the legitimate interests of another. It is not unlawful if the public communication was made for the purpose of safeguarding overriding public interests. (3) Whosoever, as a public official or a person entrusted with special public service functions violates the privacy of the spoken word (subsections (1) and (2) above) shall be liable to imprisonment of not more than five years or a fine. (4) The attempt shall be punishable. (5) The audio recording media and eavesdropping devices which the principal or secondary participant used may be subject to a deprivation order. Section 74a shall apply.
Violation of the Privacy of the Written Word in Germany
Provisions relating to violation of the privacy of the written word in the German Criminal Code [1]: This criminal issue is covered by Chapter Fifteen, under the heading “Violation of Privacy,” located in Section 202 Violation of the privacy of the written word, which reads: (1) Whosoever unlawfully opens a sealed letter or another sealed document not intended for him; or 1. obtains knowledge of the content of such a document without opening t 2. he seal by using technical means, shall be liable to imprisonment of not more than one year or a fine unless the act is punishable under section 206. (2) Whosoever unlawfully obtains knowledge of the contents of a document not intended for him and which was specially protected by means of a sealed container after he has opened the container shall incur the same penalty. (3) An illustration shall be equivalent to a document within the meaning of subsections (1) and (2) above.
Violation of Intimate Privacy by Taking Photographs in Germany
Provisions relating to violation of intimate privacy by taking photographs in the German Criminal Code [1]: This criminal issue is covered by Chapter Fifteen, under the heading “Violation of Privacy,” located in Section 201a Violation of intimate privacy by taking photographs, which reads: (1) Whosoever unlawfully creates or transmits pictures of another person located in a dwelling or a room especially protected from view and thereby violates their intimate privacy shall be liable to imprisonment of not more than one year or a fine. (2) Whosoever uses or makes available to a third party a picture created by an offence under subsection (1) above shall incur the same penalty. (3) Whosoever unlawfully and knowingly makes available to third parties a picture that was created with the consent of another person located in a dwelling or a room especially protected from view and thereby violates his intimate privacy shall be liable to imprisonment of not more than one year or a fine. (4) The visual media and the visual recording devices or other technical means that the principal or secondary or participant used may be subject to a deprivation order. Section 74a shall apply.
Violation of Privacy in Germany
Provisions relating to violation of privacy in the German Criminal Code are located in Chapter Fifteenin relation to Violation of Privacy
There is additional information on the German criminal system, covering violation of privacy and related issues, here. For details on the German legal system, please see here.
Resources
Notes
- The content of the translated German penal code in relation to violation of intimate privacy by taking photographs is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to violation of the privacy of the written word is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to violation of the privacy of the spoken word is current as of 2010
Resources
Notes
- The content of the translated German penal code in relation to violation of the postal and telecommunications secret is current as of 2010