2. Otherwise, there are no constitutional objections against the legislative competence of the Free State of Bavaria. Pursuant to Art. 70(1) GG, the Länder have legislative competence unless the Basic Law confers to the Federation the power to enact legislation. With regard to the other provisions challenged in the case at hand,
there is no legislative competence of the Federation that rules out the competence of
the Free State of Bavaria.
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a) […]
60
b) […]
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For the attribution of legislative competence with regard to Art. 33(2) second to fifth
sentences, Art. 13(1) nos. 1 to 5 and Art. 38(3) BayPAG, it is decisive to distinguish
between matters of law enforcement for which the Federation has legislative competence and matters of public security, which lie, in principle, within the legislative competence of the Länder, and for which one must look to the purpose of the provision to
determine its subject matter […]. According to their purpose, the provisions are not a
matter of law enforcement but of public security […].
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[…]
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III.
Substantively, too, the challenged provisions, when interpreted in conformity with
the Constitution, are largely, but not entirely, compatible with the Constitution.
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Authorisations to conduct automated number plate recognition interfere with the
right to informational self-determination and must therefore be measured against the
principle of proportionality. Pursuant to this principle, they must have a legitimate purpose, and in relation to that purpose they must be suitable, necessary and proportionate in the strict sense (cf. BVerfGE 67, 157 <173>; 120, 378 <427>; 141, 220
<265 para. 93>; established case-law). The provisions must, particularly in the field
of data processing, also satisfy the principle of legal clarity and specificity (cf. BVerfGE 113, 348 <375 et seq.>; 120, 378 <407 and 408>; 141, 220 <265 para. 94>; established case-law). In part, Art. 33(2) second to fifth sentences, Art. 13(1) nos. 1 to
5 and Art. 38(3) BayPAG do not meet these requirements.
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1. Art. 33(2) second to fifth sentences, Art. 13(1) nos. 1 to 5 and Art. 38(3) BayPAG
serve legitimate purposes.
83
Art. 33(2) second to fifth sentences authorises automatic number plate recognition
measures based on Art. 13(1) nos. 1 to 5 BayPAG. Therein, the legislature defines
the purposes of these measures. Their purpose is to protect against threats in specific cases, to restrict places serving to hide or to initiate criminal acts or violations of
the law on residency, and to protect endangered locations of importance to society.
In support of police checkpoints, automatic number plate recognition measures also
serve to protect against the commission of serious criminal offences and to ensure
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