Article 13 of the Basic Law – Art 13 GG

Article 13 of the Basic Law – Art 13 GG


Article 13 of the Basic Law – Art 13 GG

The Basic Law of the Federal Republic of Germany guarantees the protection of privacy and property. Article 13 of the Basic Law plays a central role here, as it guarantees the inviolability of the home and the secrecy of correspondence. In this blog post, we will take a closer look at Article 13 of the Basic Law and find out what it says, what rights it protects and how its protection is guaranteed. We will also look at the restrictions under Article 13 of the Basic Law and consider the article in the context of the digital world. We will also look at how the article is interpreted and applied.

Article 13 of the Basic Law – Art 13 GG

Article 13 of the Basic Law (GG) is an important part of the German constitution and guarantees the protection of the inviolability of the home. This article is of great importance for the protection of privacy and personal freedom. The content and meaning of Article 13 of the Basic Law are discussed in more detail below.

Article 13 of the Basic Law states that the home is inviolable. This means that authorities may not enter the home without the consent of the homeowner. The privacy and personal space of the individual are protected by Article 13 of the Basic Law. This protection extends beyond the physical home and also protects the personal living space.

Article 13 of the Basic Law guarantees several rights. This includes the right to physical integrity and the freedom of personal development. People have the right to live freely and without interference in their homes. This article also protects the right to informational self-determination and protection from state surveillance.

  • Restrictions under Article 13 GG
Restrictions of Article 13 GG Meaning
1. searches with a court order Authorities can search the home with a judicial authorization if there is concrete suspicion.
2. imminent danger In urgent cases where there is imminent danger, authorities can also enter the home without a court order. However, this must be reviewed and justified in retrospect.
3. legally regulated exceptions Certain laws may provide for exceptions to Article 13 of the Basic Law, for example in the fight against terrorism or in the prosecution of serious criminal offenses.

What does Article 13 Gg say?

What does Article 13 of the Basic Law say?

Article 13 of the Basic Law (GG) is an important part of the German constitution and deals with the protection of the home. It reads as follows:

1. the apartment is inviolable.

2. searches may only be ordered by the judge or, in the event of imminent danger, by the other bodies provided for in the law and may only be carried out in the form prescribed therein.

3. if certain facts give rise to the suspicion that someone has committed a particularly serious criminal offense specified individually by law, technical means for acoustic surveillance of homes where the accused is presumed to be present may be used to prosecute the offense on the basis of a court order if investigating the facts of the case or determining the whereabouts of the accused would otherwise be futile or considerably more difficult. The measure must be limited in time. The order is issued by a judge.

Article 13 of the Basic Law thus protects the fundamental right to protection of the home against unlawful searches and intrusions. It stipulates that searches may only be carried out on the basis of a court order or in urgent emergencies. The article also regulates the use of technical surveillance equipment for the prosecution of serious criminal offenses, whereby a court order is also required here.

What rights does Article 13 Gg protect?

Article 13 of the Basic Law (GG) is an important component of German constitutional law. It guarantees certain fundamental rights that serve to protect the individual freedom and privacy of citizens. This article explains the rights protected by Article 13 of the Basic Law in more detail.

Article 13 of the Basic Law refers to the fundamental right to the inviolability of the home. This fundamental right protects citizens from arbitrary intrusions into their privacy and personal living spaces. It prohibits searches, seizures and intrusions into a person’s home without their consent or a legal basis.

Another fundamental right protected under Article 13 of the Basic Law is the secrecy of correspondence. This means that the state may not interfere with a citizen’s correspondence. The content of letters, e-mails and personal communications is protected and may not be monitored or intercepted without the consent of the person concerned or a corresponding legal basis.

How is the protection in Article 13 GDPR guaranteed?

Article 13 of the Basic Law (GG), also known as Art 13 GG, guarantees the protection of the home. This article is part of the fundamental rights enshrined in the German constitution. Its aim is to protect privacy and the inviolability of the home.

The protection of the home covers several aspects. On the one hand, Article 13 of the Basic Law guarantees that no one may arbitrarily enter his or her home. This means that, as a rule, the police or other authorities may not carry out a search or seizure without a judicial search warrant.

Another important provision of Article 13 of the Basic Law is the protection against secret surveillance. This means that cameras or listening devices may not be installed or used in the home without the resident’s consent. This provision serves to protect people’s privacy.

  • However, there are also restrictions laid down in Article 13 of the Basic Law. For example, in certain cases, an intrusion into the home may be permitted if there is reasonable suspicion of a criminal offense. However, this can only be done under certain conditions and with a court order.

Article 13 of the Basic Law also plays a role in the digital world. With the advent of modern technology, the way in which people’s privacy can be protected has changed. There are now new challenges with regard to the protection of the home and privacy online, and the interpretation and application of Article 13 of the Basic Law is carried out by the courts. They are responsible for examining specific cases and deciding whether an intrusion into the home was lawful or not. This is done in compliance with the laws and fundamental rights principles enshrined in the Constitution, and what restrictions are there under Article 13 of the Basic Law?What restrictions are there under Article 13 of the Basic Law?Article 13 of the Basic Law (GG) regulates the fundamental right to inviolability of the home in Germany. This right protects the privacy and spatial integrity of citizens and ensures that no one is allowed to enter their home without a warrant, and under Article 13 of the Basic Law, homes may only be searched or entered in certain cases. However, certain restrictions must be observed. On the one hand, a search or entry into the home may only take place on the basis of a court order. This warrant must be based on specific facts and reasonable suspicion, and there are also exceptions to this rule in which a home can be entered and searched without a warrant. This is possible, for example, if there is imminent danger, i.e. an immediate measure is required to avert an imminent danger to life and limb. The home can also be entered and searched if a person is arrested.Article 13 Gg In The Context Of The Digital WorldArticle 13 of the Basic Law, also known as Article 13 GG, is a central component of the German Basic Law and protects the inviolability of the home. This article stipulates that a person’s home is inviolable and that no one may enter or search their home without their consent. In the digital world, the protection of privacy has taken on a new significance as more and more personal data is stored and shared online.Article 13 of the Basic Law guarantees the protection of privacy and one’s own four walls in the digital world. With advancing digitalization and increasing networking, it is crucial that citizens are protected from inappropriate surveillance and searches of their digital communications. This protection also extends to personal data stored in the digital world. According to Article 13 of the Basic Law, these data may not be searched or accessed without the consent of the person concerned, but there are certain restrictions under Article 13 of the Basic Law. Under certain circumstances, such as reasonable suspicion of serious crime, the police or other authorities may search a home or access digital data. These restrictions serve to protect public safety and are clearly defined in Article 13 of the Basic Law. Nevertheless, such encroachments on the right to privacy must always be proportionate and must not be arbitrary.

  • Restrictions pursuant to Article 13 of the Basic Law:

How is Article 13 of the Basic Law interpreted and applied? Article 13 of the Basic Law (GG) is an important part of the German catalog of fundamental rights. It deals with the protection of the home and correspondence. This article stipulates that the home is inviolable and that correspondence must also be protected. But how is Article 13 of the Basic Law actually interpreted and applied? In order to guarantee the protection of the home in accordance with Article 13 of the Basic Law, it is important that state interference in the privacy of citizens may only be carried out under certain conditions. For example, a search of the home may only be carried out on the basis of a court order or if there is imminent danger. These strict conditions are intended to ensure that privacy is protected, and Article 13 of the Basic Law also regulates the protection of correspondence. Here it is made clear that correspondence is confidential and may not be opened or monitored arbitrarily. Here too, certain conditions must be met in order to justify a restriction of privacy. These conditions serve to protect citizens and are intended to ensure that their fundamental rights are safeguarded.

  • The protection of the home and correspondence in accordance with Article 13 of the Basic Law is of great importance for the privacy of people in Germany. This article ensures that state intervention is only permitted under certain conditions and that citizens’ fundamental rights are protected. The aim is to prevent arbitrary breaches of privacy and ensure that people feel safe in their own four walls.

Frequently asked questionsArticle13 Basic Law – Art 13 GGArticle13 GG is part of the Basic Law.What does Article 13 Gg say?Article 13 of the Basic Law regulates the protection of the home.What rights does Article 13 Gg protect?Article 13 of the Basic Law protects the fundamental right to inviolability of the home.How is the protection in Article 13 GDPR guaranteed?The protection in Article 13 of the Basic Law is guaranteed by various provisions, such as the secrecy of correspondence and mail.What restrictions are there under Article 13 of the GDPR?Under Article 13 of the Basic Law, restrictions can be imposed to protect public safety and order and to protect life and health.Article 13 ofthe Basic Law in the context of the digital worldIn the context of the digital world, Article 13 of the Basic Law takes on a special significance, as it also covers the protection of virtual spaces such as communication and information systems.How Is Article 13 of the Basic Law Interpreted And Applied?The interpretation and application of Article 13 of the Basic Law is the responsibility of the courts. There are various jurisdictions and interpretations of this article.

Restrictions under Article 13 GG
1. criminal prosecution
2. protection of life and health
3. hazard prevention
4. civil or administrative measures
Reason Conditions
Suspicion of serious criminal offenses Reasonable suspicion, court order
Danger to public safety Acute risk situation, court order
Requirements for state intervention in the private sphere Requirements for restrictions on correspondence
– Judicial decision – Certain hazardous situations
– Imminent danger – Confidentiality of correspondence

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