WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT (selectors), other tools of analysis and by a subsequent manual analysis. According to the challenged provisions, data regarding telecommunications involving German nationals or persons within Germany had to be separated from the other data and deleted prior to any further analysis. Although such data could be collected incidentally, it was excluded from examination or use by the Federal Intelligence Service. 36. On the question of territorial jurisdiction, the Constitutional Court held that the fundamental rights of the Basic Law were binding upon the Federal Intelligence Service and the legislator that set out its powers, irrespective of whether the Federal Intelligence Service was operating within Germany or abroad. The protection afforded by Article 10(1) (the fundamental right to the privacy of telecommunications) and the second sentence of Article 5(1) (freedom of the press) also applied to the telecommunications surveillance of foreigners in other countries. According to the Constitutional Court: “ Art. 1(3) [of the Basic Law] provides that German state authority is comprehensively bound by the fundamental rights of the Basic Law. No restrictive requirements that make the binding effect of fundamental rights dependent on a territorial connection with Germany or on the exercise of specific sovereign powers can be inferred from the provision. In any event, this holds true for the fundamental rights at issue in the present case, which, in their dimension as rights against state interference, afford protection against surveillance measures. According to Art. 1(3) [of the Basic Law], the fundamental rights of the Basic Law bind the legislature, the executive and the judiciary as directly applicable law. The provision does not contain an explicit restriction to German territory. ... Rather, the Basic Law’s aim to provide comprehensive fundamental rights protection and to place the individual at its centre suggests that fundamental rights ought to provide protection whenever the German state acts and might thereby create a need for protection – irrespective of where and towards whom it does so. ... German state authority is bound by fundamental rights even in relation to actions taken vis-à-vis foreigners in other countries; this is also in line with Germany’s participation in the international community. ... This link between fundamental rights and human rights guarantees is incompatible with the notion that the applicability of the fundamental rights of the Basic Law ends at the national border, which would exempt German authorities from having to adhere to fundamental rights and human rights when they act abroad vis-à-vis foreigners. Such a notion would run counter to the Basic Law’s aim of ensuring that every person is afforded inalienable rights on the basis of international conventions and beyond national borders – including protection from surveillance (cf. Art. 12 of the Universal Declaration of Human Rights, Art. 17(1) of the International Covenant on Civil and Political Rights). Given the realities of internationalised political action and the ever increasing involvement of states beyond their own borders, this would result in a situation where the fundamental rights protection of the Basic Law could not keep up with the expanding scope of action of German state authority and where it might – on the contrary – even be undermined through the interaction of different states. Yet the 12