CONTROLLING THE DISSEMINATION OF PERSONAL INFORMATION VIA THE INTERNET IN GERMANY ON THE BASIS OF THE DOGMA OF CRIMINAL LAW

Abstract

 In the article the author focuses on the question of the dissemination of personal information on the Internet in Germany and its control. The Internet allows access to information on an unimaginable scale and consequently makes everyday life much easier – yet this abundance of information also brings with it agreat many problems. Not only is it by no means easy for inexperienced users to find answers to more com- plex questions, but the truth of the information is difficult to ascertain on the Internet, which is focussed on the equality of rights of the information seekers and which provides only asmall number of filter functions. This not only has negative consequences for the individual when he or she is given incorrect information, but also when he or she is told lies. In these cases the autonomy of the Internet reaches its limit – there are hardly any filter functions as far as the publication of adverse statements through third parties are concerned. However, criminal law may possibly offer a starting point for fighting these developments, or may at least provide the person concerned with the means to prevent the public dissemination of information. It is con- ceivable that some of the procedures adopted are punishable as invasions of privacy, according to §201a of the Penal Code (StGB), for example. Moreover, punishable offences could exist because of offences within the meaning of §§ 185 ff. of the Penal Code. This is not a question of the Internet reinforcing the punishable of- fence but the fact is that many traditional punishable offences can also be found on the Internet, which many users do not know of or do not appear to be aware of. This will be explained in the following and will be analysed to determine whether the legal interests are adequately protected.