Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. Privacy as a human territory: A German Perspective

Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. Is Privacy dead? German Federal Constitutional Court 2007: A father is not allowed to conduct a genetic test on his paternity without asking his child or the mother by sending some biological material to a private research institute. Their privacy sphere could be hurt.

Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. Decision of the German Federal Constitutional Court (1983): Groundbreaking judgement for data collection of the population in the course of a national census. Decision of the German Federal Constitutional Court (1983): Groundbreaking judgement for data collection of the population in the course of a national census. Constitutional Court`s theory of three spheres: All citizens are to be protected in their three spheres of intimate, private and public or social life Constitutional Court`s theory of three spheres: All citizens are to be protected in their three spheres of intimate, private and public or social life

Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. Insurance Physicians Bank Police Public Health Care System Credit investigation Tax office Monitoring Cameras

Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. Territory

Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. All human beings have an instinctive feeling of “flight distance” or “critical distance. (Edward T. Hall, The Hidden Dimension) All human beings have an instinctive feeling of “flight distance” or “critical distance. (Edward T. Hall, The Hidden Dimension) Intimacy, private and social/public sphere are necessary for animals and human beings as well even in a very different manner Intimacy, private and social/public sphere are necessary for animals and human beings as well even in a very different manner The new developments of biobanking are intersections in the biomedical traffic. The question is now if the highly praised instruments of privacy law with its individual rights and administrative regulations are actually qualified at all to protect the citizen. The new developments of biobanking are intersections in the biomedical traffic. The question is now if the highly praised instruments of privacy law with its individual rights and administrative regulations are actually qualified at all to protect the citizen.

Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. New developments 1. People give their most intimate data: Bloggers, Youtube, etc. 2. Industry collects billion of data: cookies, credit cards, etc. 3. States: raster investigations, millions of video cameras, criminal investigation data banks

Presentation Prof. Dr. Jürgen Simon BioEthicsLaw e.V. “To be in the net, or not to be. Access is all”! “To be in the net, or not to be. Access is all”! The firewalls between the respective intimate or private spheres have been broken partly. The result is also that they have been overlapped by far-reaching new developments. The firewalls between the respective intimate or private spheres have been broken partly. The result is also that they have been overlapped by far-reaching new developments.