With his constitutional complaint, the complainant claims that the court decisions violate his fundamental right to informational self-determination under Art. 2(1) in conjunction with Art. 1(1) of the Basic Law (Grundgesetz – GG). He contends that in
holding that no matches or false positive matches did not amount to an interference
with fundamental rights, the courts failed to sufficiently recognise the scope of protection of the right to informational self-determination. Being subjected to number plate
recognition in itself already amounts to an interference with fundamental rights. He
argues that the relevant statutory provisions are formally unconstitutional, given that
they do not serve public security purposes but law enforcement purposes, a matter
for which the Federation has legislative competence. Furthermore, he claims that the
statutory provisions governing number plate recognition violate the constitutional requirements of legal specificity and of proportionality.
[End of excerpt]
I.
1. In Bavaria, the police are authorised to carry out automatic number plate recognition measures. At the time of the challenged decision […], such measures were
carried out on the basis of [the following provisions …]. These read as follows:
Art. 33
Special Means of Data Collection
(1) (…)
(2) ... 2In addition, and notwithstanding Art. 30(3) second sentence,
the police are authorised to record vehicle number plates, place,
date, time and direction of travel by use of covert automatic number
plate recognition systems if relevant information on the situation in
the cases of Art. 13(1) nos. 1 to 5 is present. 3The number plates
may be cross-checked with police data records established:
1. in relation to vehicles or number plates that are missing in connection with criminal acts or otherwise,
2. in relation to persons sought by the police,
a) for police observation, targeted checks or covert registration,
b) for reasons of criminal prosecution, enforcement of sentences,
extradition or surrender,
c) for carrying out measures under the law on foreign citizens,
d) for conducting police security measures against them.
4Cross-checking
with police data records that were established to
avert a danger in a specific case or a general danger that exists with
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