Okay, I’ll provide a summary of the key points from the provided text, focusing on the legal arguments regarding a press’s right to information from the BND (German Federal Intelligence Service).Core Argument: Constitutional Right to Information (art. 5 I 2 GG – Freedom of the Press)
The text argues that, in the absence of specific federal legislation, the freedom of the press guaranteed by Art. 5 I 2 GG can create a direct constitutional claim for information against the BND.
This claim arises because a free and autonomous press needs access to information to fulfill its role in public control and mediation, especially regarding government authorities.
Without this constitutional recourse, the objective-law guarantee of press freedom would be weakened.
Requirements for the Claim:
Scope of Protection: The claimant (Z, in this case) must fall within the scope of Art. 5 I 2 GG. This includes not only the press itself but also the publisher of press products.
Concrete Request: The request for information must be sufficiently specific and related to concrete factual complexes.
Availability of Information: The information must already be available to the BND; the BND is not obligated to acquire new information.
Limitations: Weighing of Interests
The constitutional right to information is not absolute. It requires a balancing act between the press’s interest in obtaining information and other legitimate interests worthy of protection.
Functionality of Intelligence Services: A key interest that can outweigh the press’s right to information is the need to protect the functionality of intelligence services.
protection of Operational Processes: This includes protecting the BND’s operational processes, cooperation with foreign intelligence services, working methods, employees, and sources.
Risk of Exposure: Disclosing operational processes can endanger future operations by revealing the BND’s methods.
In essence, the text outlines a legal framework where the press can, under certain conditions, demand information from the BND based on constitutional press freedom. However, this right is subject to significant limitations, particularly when disclosure could compromise the BND’s ability to function effectively and protect national security.
