Seven of the eight existing landing laws for automatic self-indication of autoc signing are advanced – to this result comes at the University of Kassel Law Alexander Robnail in an opinion on behalf of the ADAC. The automotive club had already criticized this type of data collection during the legislative procedure.
Of the regulations in force in the Bundland, Hessen, Brandenburg, Bremen, Hamburg, Hessen, Mecklenburg-Vorpommern, Rhineland-Palatinate and Schleswig-Holstein, only the corresponding paragraphs in the Brandenburg Police Law "largely strangely compliant", it is called in the report. The compatibility of each of these laws with the Basic Law must be made on the basis of the extent to what extent it in the fundamental right of the burger on informational self-determination and how the automatic data surveys were justified.
The good hundred-of-sided expert opinions, which the editorial of Heise cars is present and of which a three-sided short capacity is available as a PDF, concludes that all eight police laws "more or less rough deficits in the relevant reliance" have fundamental rights – this applies in particular to this Case where the police concealed the license plates scan.
The best way is the Brandenburg Police Law: According to, the order halls can only be found in certain, clearly outlined prerequisites, including films – namely to defense a "counter-friendly danger for body and life" or in such cases, in which the police also entitle goods, striving controls pass. But also a regulation is missing here, the hidden license plate controls restrict on precisely definite exceptional cases.
The worst of expert view in the opinion, the Hessian law over the public security and order (HSOG) off – although or precisely because it is a gross success with the license plate scanned in this state, from the point of view of his commutation. However, "in no way involves the prancelling requirements for the certainty" and clarity of a fundamental rights capture, which in the HSOG also grossly grossly detected, is the verdict of the Robnail review for the ADAC.
There is also a maggated for the Rhineland-Palatinate regulation, which also allows storage from "non-hit data" over two months and to measure their use for general police tasks.
Data protection can hope, however, that the Federal Scarf Court, which in the end of Marz has a decision on auto-numbers scanning, has already tipped a number of landing conditions from formal grounds: According to the opinion, many countries have against the competing legislative state of the federal government ("federal law breaks ") According to Article 74 of the basic gesture.