Home / netherlands / German court prohibits national route control based on privacy law – IT Pro – News

German court prohibits national route control based on privacy law – IT Pro – News



A German judge has ruled that the application of route control on a stretch of motorway near Hanover is unlawful on the basis of a constitutional privacy right. This means that the cameras on the B6 at Laatzen will be switched off immediately.

According to Der Spiegel, the German Ministry of the Interior has announced that it will switch off the systems at Bundesstrasse 6 near Laatzen. This happens more than two months after the route control at this location was started and at the same time a legal case against this has started.

The German administrative court found that to determine the average speed on a certain route, all license plates must be registered. The federal constitutional German court already ruled in February that this is contrary to the German one informationelle Selbstbestimmungsrecht. Based on that, an individual may to a certain extent decide for himself what falls within the limits of his private life and when it can be shared with others.

On the basis of this, the administrative court ruled that the route control cannot be passed because it violates a fundamental right in the current situation. According to the Südkurier, however, there will be a law that makes the route control possible. That would be decided in May. The litigation may also continue, although it is not yet clear whether the ministry will lodge an appeal.

Since the start of the route control on the 2.2 km long section of the B6 at Laatzen, 141 speed offenders have been posted. 15,500 cars pass through here every day, with serious accidents in the past. The speed limit here is 100 km / h. The biggest offense was committed by a driver whose speed was measured at 189 km / h.

Route control has been around for a long time in the Netherlands and Belgium. The Dutch court ruled in 2015 that, although a route control system on the A2 motorway violates privacy, the infringement is so limited that it is lawful. The Arnhem-Leeuwarden Court of Appeal confirmed this in a judgment from 2018. It states that route control does not conflict with the right to privacy from the Dutch Constitution or the ECHR.


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