Statement on the Constitutional Complaint Challenging the Seizure of Research Documentation (1 BvR 2219/20)

Abstract

The German Constitutional Court is currently considering a constitutional complaint lodged by Professor Mark Stemmler of the University of Erlangen-Nuremberg challenging the seizure of research data (case reference: AZ 1 BvR 2219/20). Stemmler led the DFG-funded research project ‘Islamistic radicalisation within prison settings’ (between 2017 and 2020), for which he conducted qualitative interviews with prisoners. Prosecutors seized audio files and transcripts of interviews as part of an ongoing investigation into one of the interviewees. The researcher lodged an initial complaint with the Munich Oberlandesgericht (higher regional court) but this was dismissed. Now the German Constitutional Court must decide whether it is lawful for law enforcement authorities to confiscate confidential research data. Unlike certain professions, such as doctors or members of the clergy, academics in Germany are not granted the privilege to refuse to disclose information or provide evidence. The outcome of this case will undoubtedly have significant implications for future criminological research.