The Privacy of Correspondence: Your Right to Confidential Communication
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The privacy of correspondence is an important fundamental and human right. It protects the confidentiality of your written communications in the form of letters. But how long has this protection been in place, and what rules apply today?
A Long History of Protection
In Germany, the privacy of correspondence was first mentioned in 1690 in the Josephine Election Capitulation. At that time, violations were punishable by flogging and banishment. The General Prussian Postal Regulations of 1712 provided for the dismissal and criminal prosecution of postal officials who opened letters without authorization as perjurers.
In the 19th century, the privacy of correspondence found its way into many constitutions, including the Paulskirchen Constitution of 1849. The German Empire guaranteed it for all of Germany in 1871. The Weimar Constitution declared it inviolable but allowed for legal restrictions.
Suspended in Dark Times
During the Nazi era, the Reichstag Fire Decree completely abolished the privacy of correspondence in 1933. Internationally, it was enshrined in the European Convention on Human Rights in 1950 and in the UN International Covenant on Civil and Political Rights in 1966.
The Privacy of Correspondence in the Federal Republic of Germany
Today, Article 10 of the Basic Law protects the privacy of correspondence. It has been expanded to cover the privacy of postal and telecommunications communications. This means that not only letters, but all postal items and electronic communications are protected as long as they are sealed. Anyone who violates the privacy of correspondence is liable to prosecution under Section 202 of the Criminal Code. The Postal Act regulates data protection for all postal customers, whether private or business.
When are there exceptions?
There are situations in which the privacy of correspondence is restricted. The Article 10 Act of 2001 allows intelligence agencies such as the Office for the Protection of the Constitution or the Federal Intelligence Service to monitor telecommunications and open postal items in the case of certain offenses and under certain conditions. Customs authorities may open shipments of goods from abroad if there is suspicion of media harmful to minors or customs evasion.
The Code of Criminal Procedure allows the police to seize mail to secure evidence. However, only a court may order the opening of sealed mail. Another exception is Section 64(4) of the Postal Act: undeliverable mail whose sender or recipient is illegible may be opened to identify the correct recipient.
The Reality in the GDR
In the German Democratic Republic (GDR), the 1968 Constitution protected the privacy of correspondence. In practice, however, “Department M” of the Ministry for State Security (MfS) systematically monitored all mail related to Western countries. In effect, the legally enshrined privacy of correspondence did not apply here.
Conclusion – A Fundamental Pillar of Freedom of Communication
The privacy of correspondence is a fundamental pillar of our freedom of communication. It protects your personal messages. Despite necessary exceptions in special cases, the protection of your privacy remains a precious asset.
