Snap away, but be aware that illegally parked vehicles in Germany should be photographed with caution. You see, even though careless parking can disrupt the flow of traffic and daily life, it's crucial to observe the law. And in Germany, that law is mostly guided by the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
To put it simply, you can snap photos of illegally parked vehicles, but there are rules to follow. The concept of "legitimate interest" comes into play here. According to the GDPR, data processing is only allowed under specific conditions. In the context of illegal parking, your "legitimate interest" could be reporting the violation to the authorities.
The question of whether reporting illegal parking by private individuals corresponds to the "public interest" is debatable, and it often becomes a matter for the courts to decide during proceedings.
Now, when submitting photos of illegally parked cars to the police as part of a report, you're generally not violating data protection laws. This assertion is based on two landmark decisions made by the Administrative Court of Ansbach.
However, if sharing photos on social media is more your style, tread lightly to avoid violating data protection rights. Before posting your snapshots online, consider concealing license plates and any identification information.
Additional Insights
In the realm of data protection regulations, photographing illegally parked cars is considered permissible, provided it serves the public interest. Sharing such photos on social media should, therefore, involve concealing license plates and identification information to avoid violating data protection rights.
Remember that within the context of GDPR, any processing of personal data, including photographs of parked cars, must comply with the GDPR. This means that the processing must be lawful, and one of the six legal bases under Article 6 GDPR must be fulfilled.
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