Restricted data protection rights for non-citizens in Germany
People residing in Germany without German citizenship have their personal data automatically stored in a centralised database that can be accessed and shared by more than 14,000 government agencies. The data fields in the register include personal data regarding identity, country of origin, and employment. In some cases, such as for asylum seekers, the register includes health information, biometric data, information on education, employment, and details on the asylum process.
GFF argue that this violates data protection rights and is discriminatory as German citizens are not subject to the same level of data extraction and storage. GFF are undertaking pre-litigation research to prepare for a case challenging privacy violations of all individuals living or residing in Germany without German citizenship. After completing their research, GFF aim to take litigation, pushing the courts to rule that the use of this database is unconstitutional and must be stopped.
Restricted data protection rights for non-citizens in Germany
Organisation Name
Gesellschaft für Freiheitsrechte (GFF)
Country/Jurisdiction
Germany
Amount Granted
Pre-litigation: EUR 20,491
Litigation Track: EUR 61,623
Current Status
Research complete; litigation ongoing
Grant type 1
Pre-Litigation Research
Grant type 2
Litigation Track Support
Description
People residing in Germany without German citizenship have their personal data automatically stored in a centralised database that can be accessed and shared by more than 14,000 government agencies. The data fields in the register include personal data regarding identity, country of origin, and employment. In some cases, such as for asylum seekers, the register includes health information, biometric data, information on education, employment, and details on the asylum process.
GFF argue that this violates data protection rights and is discriminatory as German citizens are not subject to the same level of data extraction and storage.
GFF carried out research to prepare for litigation to challenge privacy violations of all individuals living or residing in Germany without German citizenship. They completed and published their research and a legal opinion in German in January 2022.
GFF are taking litigation, pushing the courts to rule that the use of this database is unconstitutional and must be stopped. On 28 October 2023, supported by GFF, PRO ASYL and the Lesbian and Gay Association of Germany (LSVD), eleven refugees filed a constitutional complaint against the amended law on the Central Register of Foreigners (AZR). In parallel to the constitutional complaint, the alliance and two refugees are suing the Ansbach administrative court to stop their data from being passed on to the police and secret services.
"...this violates data protection rights and is discriminatory as German citizens are not subject to the same level of data extraction and storage"
Strategic Goal
That people living in Germany without German citizenship receive the same data protection standards as German citizens.