A Comparative Analysis in Relation to Informational Self-Determination and Privacy: : The Icelandic Health Sector Database Decision and The German Census Act Decision

Abstract

The scope of this thesis is an analysis of the Health Sector Database decision by the Icelandic Supreme Court from the year 2003 and a comparison with the twenty years older Census Act decision by the Federal Constitutional Court in Germany. The comparative analysis is in relation to informational self-determination and privacy. Both cases involved a personal data collection and processing from the whole nation based on a controversial and highly political Act. Both decisions were made by each country s high court, where both courts decided there had been a breach of fundamental rights protected by each country s constitution. Finally, the objective is to seek an answer to the question if a right to informational self-determination can be regarded as a separate fundamental right in Europe.