License plate scanner: Use in Brandenburg was illegal

The use of the license plate scanner Kesy between 22 and the end of June was not permitted, like the one in Frankfurt District Court now determined.

Between 22 and the end of June 2021 the state of Brandenburg recorded vehicle movements on German autobahns using the Kesy license plate scanner. Without any legal basis, as the Frankfurt district court has now decided.

Pirate party member sues license plate scanner

According to a new judgment by the regional court in Frankfurt (Oder), the recording of all vehicle movements on the autobahns in the state of Brandenburg was inadmissible. After a lawsuit by Pirate Party member Marko Tittel, the court found that there was no legal basis whatsoever for the use of license plate scanners.

The state of Brandenburg between 2021 and end of June 2021 digitized rear number plates and together with the direction of travel, a picture of the rear view of the vehicle, and location, date and time in one database saved. According to the now published judgment of 22. July, however, it was a “ important encroachment on fundamental rights “.

The judges criticized the timing unlimited provision of the recorded data by the authorities. At least as long as there were ongoing investigations against any person to whom one of the vehicles detected by the license plate scanner could be assigned. This made it possible to trace the movement behavior of many citizens of the country over several years “without transparent restrictions“.

In addition, the recording took place without any notification. It was carried out without cause and therefore without the drivers concerned being able to be accused of any misconduct beforehand. As the court argues, the system “ significantly interferes with the right to informational self-determination ”.

Unreasonable registration harbors considerable potential for abuse

A “ comprehensive registration of vehicles ” by license plate scanner is, according to the judges, generally inadmissible. There is also the possibility of creating movement profiles based on the extensive store of stored data. That poses a considerable risk of abuse, which must be limited.

The plaintiff was pleased with the decision. According to his own statements, he does not want to live in a country “ in which every movement can be recorded and used against me “. But the constant monitoring and “an indiscriminate storage of every trip on the Autobahn” create transparent motorists and recover the “Risk of false suspicion or abusive tracking of personal life by unauthorized persons.

The costs of the procedure are borne by the state treasury.

Uniform legal basis at federal level

In the meantime, the Bundestag has created a uniform legal basis for the use of license plate scanners. In the so-called “Fangungmodus” the system automatically checks whether a registered number plate appears in a database with reported vehicles. If this is not the case, the recording will be automatically and immediately deleted.

Due to the legal basis created at federal level, the state of Brandenburg Mitte

decided for stopping your own license plate detection without any reason.

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