Munich father reports illegal parking—and gets in trouble with the data protection office

The dangerous journey to school: when parents' taxis become a hazard

The same chaos plays out every day in front of many schools: parents who drive their children right up to the door, blocking driveways, sidewalks, and crosswalks. This is also the case in Munich-Trudering. A father of three children has had enough of this. Instead of getting angry, he takes action: he takes his children to school by bike—and regularly documents cars that he believes are parked incorrectly. He takes photos with his cell phone and reports them to the public order office via an app.

But trouble soon follows—not for the parking offenders, but for him. Suddenly, the man receives an official letter from the Bavarian State Office for Data Protection Supervision. The accusation: possible violation of data protection rules.

Data protection officials want clarification—about photos of cars

The letter asks the father to explain in detail how he handles the images he has taken and the personal data they contain, i.e., license plate numbers. The state office refers to data security requirements, such as encryption during data transmission and protection of his smartphone. He should also ensure that the persons concerned—i.e., the owners of the photographed vehicles—are informed and can object to the use of their data.

What sounds absurd is, from the authority's point of view, a necessary measure. This is because there was an official complaint—apparently from one of the photographed drivers. And the data protection supervisory authority must respond to such complaints.

Volunteer law enforcement officer—and suddenly in the authorities' sights

The father is not an isolated case: more and more citizens are reaching for their cameras when they see traffic offenders. This is made possible, among other things, by the "Weg.li" app, which can be used to quickly forward reports of illegal parking to the public order office. However, such private reports are legally on thin ice—especially if they occur regularly.

The German Environmental Aid Association (DUH), which supports the Munich resident, criticizes the data protection rules as excessive. It claims that anyone who reports illegal parking must fulfill almost the same obligations as a company that processes customer data. The DUH announced that, in case of doubt, it would also take legal action against possible sanctions.

Court ruling in favor of citizens—but with restrictions

Back in 2022, an administrative court in North Rhine-Westphalia ruled that private individuals are allowed to photograph and report parking offenders – within the scope of a "legitimate interest." At the time, the case involved a similar situation. However, the court also made it clear that anyone who regularly processes data must adhere to stricter rules. The ruling is therefore not a free pass.

Our critical assessment

If someone wants to improve safety outside a school out of consideration for others, they should not be the ones who end up getting into trouble. Data protection must not be used as a tool to silence people who report abuses. It seems absurd that people who are committed to maintaining order are treated as if they were a data protection problem, while others continue to park their SUVs on sidewalks. Turning the tables does not make the system fairer, but protects exactly the wrong people.

Source: spiegel.de