The dispute over the longstanding practice of the police in Brandenburg, with the help of license plate scanners daily to monitor the entire car traffic at fixed locations and to store the data in reserve, continues. The Brandenburg police chief Roger Höppner had assured at the beginning of February that he had significantly improved the procedure. The State Data Protection Commissioner Dagmar Hartge complains, however, that the investigators have still not remedied all legal violations.
In January, the controller complained about "serious deficiencies in data protection law" when using the "Kesy" system, which is also used without a legal basis. Now Hartge complains after an analysis of the commitments of the police and two further on-site visits that the investigators say they only delete data that they collected before June 19, 2019. The authority was unable to provide proof of this, for example in the form of a technical protocol.
For Hartge, it is more difficult that the police headquarters had previously transferred the entire database up to the reported key date to other storage media in order to be able to provide further information to inquiring public prosecutors. For many uninvolved drivers, this procedure means that the encroachment on their property rights will continue, the independent examiner criticizes: "Your data is still available – but recently on magnetic tapes and no longer on a server. An actual deletion looks different."
Hartge is also piqued because the police continue the procedure almost unchanged on the basis of an order from the public prosecutor. The data would have been saved in full since June 20. The police headquarters have named technical-organizational measures that it intends to implement in the interests of data protection for those affected. It is not yet possible to assess whether these are sufficient to meet the requirements without more detailed information.
With regard to the information rights of the persons recorded, the police headquarters refers to the outcome of a complaint procedure pending at the state constitutional court. According to Hartge but is openwhen or whether the judges even made a decision that had a concrete impact on the police procedure. In this respect, it is imperative that the authority develop its own concept in order to protect the rights of those affected by transparency.
The data protection officer continues to maintain her massive doubts as to whether the one used by the investigators Clause 100h of the Code of Criminal Procedure sufficient as a legal basis for the use of automated number plate detection in recording mode. Hartge only sees positively that the police turned to 35 public prosecutors in 13 federal states as well as to the Federal Prosecutor General to reduce the number of stored license plate data. As long as there is no feedback on the information still required for the investigation process there, the inventory will still be preserved.
. (TagsToTranslate) Brandenburg (t) Privacy (t) License plate scanning