In its so-called census decision of 15 December, 1983, the Federal Constitutional Court coined the term "informational self-determination", thus substantiating the protection of data privacy and granting the individual a right of decision regarding the use of their personal data. It can be said that the right to informational self-determination is generally acknowledged today.
According to common perception, in the context of predictive testing the right to informational self-determination encompasses, on the one hand, a right to know – this should however not be interpreted in terms of an entitlement to having a test performed, but as an entitlement to pass on information; on the other hand, the right to informational self-determination also embraces a right not to know. Accordingly, § 9 para.2 no. 5 stipulates that the person concerned shall be informed of their right not to know, including the right not to be notified of the result of the test, or parts of it, and to have this information destroyed.