Germany – photographing illegal parking is lawful
German newspaper <a href="https://www.welt.de/regionales/bayern/article241937155/Urteil-Buerger-duerfen-Falschparker-fuer-Anzeige-fotografieren.html".Die Welt states that it’s so obvious: people wanting to report an illegal parker just pull out their smartphone and then send the picture to the police. However, two men in Bavariahad trouble with the state’s data protection authorities. A court has now decided who acted corrected.
Image courtesy of Wikimedia Commons
Anyone who sends photos of illegal parkers as part of a report to the police does not normally violate data protection legislation. This emerged on Thursday from two landmark rulings published by the Ansbach Administrative Court. With these the court agreed with two men who corroborated their reports of parking infringements on footways and cycleways with photos. For using this they received a warning and a fine of €100 each from the Bavarian State Data Protection Office (LDA). Both objected and went to court with the support of Deutsche Umwelthilfe e.V. (DUH)
The administrative court combined the two procedures in a joint hearing because of the identical questions and ultimately ruled that the procedure involved lawful data processing. However, the actual statement of is not available. The verdicts are of fundamental significance from the legal point of view, but are still not absolute.
The DUH, which supported one of the two plaintiffs in a test case, welcomed the verdict. “Illegal parking is no trivial offence, but endangers people who are travelling by bike, wheeled walking frame, wheelchair or pram”, commented Jürgen Resch, its Federal director. “The authorities should not take action against civil society commitment, but rather take consistent measures against blocked footpaths and cycle paths, illegal parking in front of dropped kerbs or at junctions; and do so not just in Bavaria, but nationwide.»
The crux of the proceedings was the question of whether digital transmission of the photos constituted lawful data processing within the meaning of the General Data Protection Regulation since there must be a legitimate interest in forwarding the image files. On the other hand, data transmission and processing must be necessary.
Accordingly, the parties to the proceedings before the court argued about whether the plaintiffs had to be personally affected by the parking violations and whether a written or telephone description of the facts including the vehicle registration number, was not sufficient. In addition, the LDA pointed out that other data such as other cars with registration plates and people can often be seen in the pictures. In reply, the plaintiffs stressed that the police had asked them to document the parking situation as accurately as possible with photos as evidence.
The LDA stated that once the judgment’s statement of grounds was available, it would examine whether the decision was an individual case or whether a reassessment of the use of photos in public places that was critical for data protection had been initiated. In addition, it wants to agree clear and uniform guidelines with the police regarding which information is required when reporting illegal parking and which communication channel should be used.
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