The practice of police in Brandenburg, using vehicle license plate scanners daily to monitor the entire car traffic at fixed locations and store the data is incompatible with the laws applied for it. This assessment was made by a group of experts commissioned by the Brandenburg Ministry of the Interior in early June. The permanent record and unlimited storage of license plate data is disproportionate. At least there should have been "clear deadlines".
No carte blanche
In order to limit the gravity of the interference in the fundamental rights of those concerned, should
The data collected will not simply be left to law enforcement for other investigations, it said report now published by Netzpolitik.org, "Also, one would have to specify the data collection time and place depending on the state of investigation gradually." The measure must also be justified in each case in each case.
The "recording mode in the current form practiced" according to the experts, according to the available documents not on Section 100h Code of Criminal Procedure (StPO) support, as it would do the prosecutor in Brandenburg, is the conclusion. According to the standard, in the fight against offenses "of considerable importance" under certain conditions, technical means may be used to produce "images" outside of apartments. The reviewers doubt whether the "csv file, in which not only the image capture of the license plate, but the string itself with time, place and direction is stored in a tabular and searchable", even falls under the clause.
The "theoretically described", but in practice never used extinguishing method is also "not sufficient," state the examiner. Data of individual plants or certain periods of time "which are no longer necessary for the further investigations in the tempering procedure" would have to be deleted promptly. Since there is only one single observation decision of the Frankfurt (Oder) district court for the system with the "Kesy" baptized system, it would be obvious to reduce the accumulated stock.
Currently, all the tags recorded with Kesy have been stored in the associated central database since 1 April 2017, which makes a total of 40 million entries, According to the authors of the study, the fact that scans are available only from this date is only due to a governmental mishap: those from the previous period were not "copied" from the server to a hard disk, but completely "postponed". Since then, they have only been available directly in one procedure and would only have to be "forwarded" separately for use in other cases.
For the time being out of service
The head of department responsible at the Department of the Interior, Herbert Trimbach, had already issued an order in advance of the report in May to immediately suspend the "operation of the registration devices in the recording mode – insofar as it currently takes place with reference to the submitted decisions". Its justification: A "framework directive" put forward by the investigator allows the operation of the license plate register with data retention only for a fixed period of time in the presence of a court order that also "expressly includes" a corresponding assignment. This must be ensured in advance in the future.
Nevertheless, the Brandenburg police headquarters insisted on the view that "errors in the application" of Kesy "could not be determined". The prosecutor Frankfurt (Oder) underlined that the successful education of "serious cross-border property crime" must be promoted. It also "by the important means of investigation of automated registration systems in the context of long-term observations" especially in one state "with a long state border with Poland and with several nationwide important vehicle transit routes to Eastern Europe a valuable contribution to strengthen the security of the population" represents the instrument moreover, it has been applied in Brandenburg for many years and has never been seriously questioned by anyone.