German Court Applies Privacy Rights to Foreigners Living Abroad
In a judgment of 19 May 2020 (recently reported in English here), the German Constitutional Court held that the privacy rights contained in the German constitution extended to foreigners living abroad and that the statutory bases in their current design violate the fundamental right to privacy of telecommunications (Art. 10(1) of the Basic Law, Grundgesetz – GG) and the freedom of the press (Art. 5(1) second sentence GG). This applies to the collection and processing of data, the transfer of data thus obtained to other entities, and the cooperation with foreign intelligence services.
Contrast that with the protections in the United States in terms of the Fourth Amendment, the Patriot Act, and others in which it is clear that non-US citizens have little (if any) protection under US law against surveillance by U.S. government entities.