Secrecy of correspondence

The privacy of correspondence is guaranteed in the constitution of democratic states fundamental right that guarantees the inviolability of letters. To be distinguished, it is from the post secret.

Legal bases

Germany

FRG

In the Federal Republic of Germany the secrecy of correspondence is guaranteed by Article 10 of the Basic Law. As a letter within the meaning of Article 10 of the Basic Law there shall mean any written communication between sender and recipient individual. In addition to letters in the narrower sense, ie sealed shipments, thus fall into this category also postcards. Limitations of correspondence are subject to a statutory reserve (Article 10 Act).

Seizures of letters is acc. § 94 Code of Criminal Procedure possible. However, sealed postal items must never be opened by the police or the prosecutor, but only by the judge ( § 100 Paragraph 3 Sentence 4 Code of Criminal Procedure ). Furthermore, § 99 Code of Criminal Procedure permits the seizure of postal items that are still in the possession of the postal service.

Punished a violation of the secrecy of correspondence is acc. § 202 of the Criminal Code. The privacy of correspondence here includes any document which is closed or particularly secured by a sealed container against knowledge.

Also regulates the Postal Act that data protection for postal delivery companies (including companies ergo ) applies not only to individuals but to all postal customers. In addition, it is stipulated that shipments may be opened from abroad usually in the context of customs work, as is assumed here that the goods could be indexed, or that a misappropriation of customs duty takes place. Private letters or packages are subject to postal secrecy.

Due to occupation law took place in the Federal Republic of Germany violations of the secrecy of correspondence by the secret services of the occupying powers. The German intelligence (BND, MAD and Protection of the Constitution ) have the option pursuant to the provisions of the law on the restriction of correspondence, posts and telecommunications secret Isseses to violate the secrecy of correspondence.

GDR

The violation of the secrecy of correspondence was found in the GDR formally in § 135 of the Criminal Code (GDR) is punishable. Nevertheless, there was a systematic control of all postal items with sender or destination in the West by the Division M of the Ministry for State Security (Stasi ). This worked with Deutsche Post and changed its name within the post under the code name " Department 12 " or " department 12 ". In GDR times, sat them in the railway post offices, post offices and customs Postverladestellen (in part control the Christmas packages).

The postal inspection of the Stasi began in 1950 with three papers and a few dozen employees and has been continuously strengthened. 1989 decreed the area over ten departments with nearly 2,200 employees. The importance attached by the SED letter control, indicated by the fact that the head of Rudi Strobel with the rank of Major General Board and the Department of M since 1982, was one area of ​​responsibility, which was headed by Erich Mielke himself.

Austria

Secrecy protects the correspondence between the sender and the addressee before opening and embezzlement by public authorities (Article 10 of the Basic Law and Article 8 ECHR) and third parties ( § 118 StGB). Harmless is the publication of the letter by the addressee (OGH 9 ObA 181/90 ).

Switzerland

In Switzerland, designated as writing secret letter secret by Articles 13 and 36, paragraph 4 of the Federal Constitution and Article 179 of the Criminal Code is regulated.

Since the Military Criminal Act of June 13, 1927 ( MStG SR 321.0 ), the violation of the font mystery not separately punishable, the civilian criminal provision also gets into military conditions apply.

History

In Germany, ensuring the secrecy of correspondence was first addressed in the Josephine capitulation of 1690. For his injury a delinquent should be punished with distemper shock and banishment. In general, the Prussian postal order from August 10, 1712 every post officials was the service dismissal and criminal penalties threatened in prohibited letter opening as a perjurer, a ban that went into the Prussian General Land Law.

Even harder was the French law. An ordinance of Louis XV. from September 25, 1742 stipulated that postal workers, which had letters and parcels broken up and suppressed the objects contained in it for its own benefit, should suffer the death penalty. The French National Assembly adopted on Sieyès ' request to ensuring the confidentiality of correspondence among the fundamental rights. In the period following the secrecy in most constitutional documents of the constitutional states was guaranteed, in Portugal in 1826, the Electorate of Hesse in 1831, Württemberg and Baden 1843 1845.

Article 141 of the Constitution of 1849 regulated Paul Church: " The privacy of correspondence is guaranteed. The necessary at criminal judicial investigations and in case of war restrictions are observed by the legislation ". Prussia ( 1850), Oldenburg and Saxony (1852 ) took provisions following the failure of the German revolution in their constitutions. In the German Reich was guaranteed by § 5 of the Act on Postal Affairs dated 28 October 1871, the secrecy of the whole of Germany.

Article 117 of the Weimar Constitution declared inviolable secrecy of correspondence, presented this fundamental right but under a statutory reservation. In the Reichstag Fire Decree was among other things the secrecy set " until further notice" except force.