No GDPR violation: If you want to report a parking offender, you can photograph their vehicle and send the photos to the police. This was decided by the Ansbach Administrative Court in two landmark judgments (Ref.: AN 14 K 222.00468 and Ref.: AN 14 K 21.01431).

Specifically, it concerned the cases of two men who had photographed parking offenders in 6 and 17 cases respectively and reported them to the police. However, the transmission of the corresponding evidence photos was not without consequences. Heiner Fuhrmann and Andreas S. received a warning from the State Office for Data Protection Supervision and were each ordered to pay a fine of 100 euros. The two men appealed to the Ansbach Administrative Court, which upheld their claims.

Is there a legitimate interest?

The administrative court combined both proceedings into a joint hearing due to the identical issues. The verdict: The transmission of the photos was lawful data processing - and not a violation of the General Data Protection Regulation (GDPR). In particular, it was disputed whether the reporting party had to be personally affected in order for the photo transmission to be exempt from prosecution or whether it was in the public interest for parking offenders to be reported.

Photos also show uninvolved vehicles

The State Office for Data Protection Supervision had justified the warning fee on the grounds that the photos also contained additional information. For example, stickers on a car, minor damage and other uninvolved vehicles and people. The plaintiffs, on the other hand, argued that the police had demanded the most accurate photographs possible in order to preserve evidence. And: without photographic evidence, it would be a case of testimony against testimony.

Judgment not yet final

The Ansbach Administrative Court ruled in favor of the two men. The two plaintiffs were supported by Deutsche Umwelthilfe (DUH). The organization welcomed the ruling. "The authorities should not take action against civil law enforcement, but against parked-up footpaths and cycle paths," said Jürgen Resch, Federal Managing Director of DUH. A written explanation of the ruling is not yet available. This means that both decisions are not legally binding and an appeal against the rulings can be lodged with the Bavarian Administrative Court. The State Office for Data Protection has announced that it will examine the reasons for the judgment and, if necessary, carry out a critical reassessment of the use of photographs in public spaces.