The term "informational self-determination" was coined by the Federal Constitutional Court in the so-called census judgment of December 15, 1983, thereby substantiating the protection of privacy with regard to personal data and granting the individual rights of determination over his or her personal data. The right to informational self-determination can now be considered generally accepted.

The prevailing view is that the right to informational self-determination in the context of predictive testing includes on the one hand a right to knowledge, which should however not be understood in the sense of a right to testing, but as a right to the disclosure of information. On the other hand, the right to informational self-determination also creates a right not to know. Accordingly, Section 9(2), no. 5 provides that the information must include a reference to the right of the person concerned not to know, including the right not to be informed of the investigation result or parts thereof.