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In the Census Act case, the Court also expanded on the test that applies to all measures that interfere with basic rights, including privacy.Generally speaking, any interference with one of the rights protected under the Basic Law must be authorized by parliamentary law, serve a legitimate purpose, and satisfy the proportionality test, that is, suitability, necessity, and proportionality stricto sensu.8 In the case of the right of informational self-determination, the Court further specified that the legislative basis for personal data processing must be clear and precise and that, to satisfy proportionality, there must be organizational and procedural safeguards capable of preventing infringements of the right.9This constitutional frame has shaped both the jurisprudence of other constitutional courts-in particular the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU)-as well as positive lawmaking in Germany and at the European level.Both the ECtHR and the European Court of Justice have recognized that the right to privacy, guaranteed under Article 8 of the European Convention of Human Rights, covers personal data and is triggered whenever public or private entities gather information that can be associated with an individual.10 Both courts use the same the jurisprudential framework of (1) a basis in law, (2) clearly defined, legitimate purposes, and (3) proportionality to analyze data-protection challenges, as will be discussed in connection with NSA surveillance.In the legislative sphere, the fundamental right to data privacy has shaped the design of data-protection legislation in most European jurisdictions.Within Germany, the Court's first judgment in the Microcensus case provided much of the impetus for the first federal data-protection law.A small coalition party, the Free Democratic Party, took on the issue of new technologies and democracy, and, drawing on the case and the work of a number of prominent legal scholars, pressed for privacy legislation.11 A government bill was introduced in May 1973, and after a long series of parliamentary debates, mostly centered on the extent of private-sector coverage and the design of the enforcement system, a federal law was finally passed in January 1977.12 That law-together with a series of 8.
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