with their freedom of conduct. Furthermore, there is particular potential for interference given the amount of data that can be processed by means of electronic
data processing, which could definitely not be handled by conventional means. The
increased risk associated with such technical possibilities is matched by the corresponding fundamental rights protection (cf. Decisions of the Federal Constitutional Court, Entscheidungen des Bundesverfassungsgerichts – BVerfGE 120, 378
<397 and 398> with further references; established case-law).
The scope of protection of the right to informational self-determination is not limited
to information that is sensitive itself and thus already subject to protection through
fundamental rights. The handling of personal data of even only marginal informational value may, depending on its aim and the existing possibilities of processing and
linking, have a constitutionally relevant impact on the privacy and freedom of conduct
of the person concerned. Accordingly, there simply is no insignificant personal data
in the context of modern data processing, regardless of the context in which the data
is used (BVerfGE 120, 378 <397 and 398> with further references; established caselaw).
38
Nor does the constitutional protection cease only because the information concerned is publicly accessible. Even if an individual enters the public sphere, the right
to informational self-determination will still protect their interest in not having linked
personal information be recorded in the course of an automatic data collection measure and stored with the possibility of further use (cf. BVerfGE 120, 378 <399>).
39
b) Accordingly, conducting automatic number plate recognition pursuant to
Art. 33(2) second to fifth sentence BayPAG falls within the scope of protection of the
right to informational self-determination (Art. 2(1) in conjunction with Art. 1(1) GG).
Automatic number plate recognition is used to record individual number plates that
are matched with one specific vehicle and its owner and are cross-checked with other
data for the performance of public functions. This constitutes processing of personal
data. The number plates are attributed to the respective individual vehicle owners. By
means of the number plates, the owner’s name, address and other information can
be obtained. The fact that number plates are openly visible and that they do not display the name of the vehicle owner does not change the fact that personal data can
be obtained through this measure. The only decisive factor is that the recorded number plate can be unequivocally attributed to a specific person and thus provide access to personal data (cf. BVerfGE 65, 1 <42>; 118, 168 <184 et seq.>; 120, 378
<400 and 401>; 128, 1 <42 et seq.>; 130, 151 <184>). Automatic number plate
recognition records vehicle number plates, location, date, time and direction of travel
of the vehicle; this data can be connected to a particular person through the retrieval
of registered owner information.
40
2. Automatic number plate recognition, as it applies to the complainant, interferes
with his fundamental right to informational self-determination.
41
a) Provisions authorising state agencies to handle personal data generally result in
42
11/34