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ADAC accuses the police of unconstitutionality
With video scanning of license plates, drivers are photographed for no reason
Source: Lehtikuva_Oy / Marja Airio
A good year after the ruling by the Federal Constitutional Court on video scanning of license plates, five federal states are still violating the Basic Law. This is proven by a current ADAC report that has examined practice in all federal states.
Gut one year after the ruling by the Federal Constitutional Court on video scanning of license plates, five federal states are still violating the Basic Law. A current report by the ADAC shows that the regulations in Bavaria and Lower Saxony have been revised, but are still not fully constitutional. In Mecklenburg-Western Pomerania, motorists are still being monitored for no reason whatsoever according to the old law, which is unconstitutional in some aspects.
Despite clear guidelines from the Federal Constitutional Court, Baden-Wurttemberg is now also planning an unconstitutional monitoring of road traffic. Berlin is now even carrying out video controls without a required legal basis.
The ADAC had already pointed out the questionable surveillance practices of some countries in a report prepared by the Kassel constitutional lawyer Prof. Alexander Robnagel at the beginning of 2008. Above all, it was criticized that the controls were carried out in a concealed manner and without any cause or suspicion. This enables comprehensive monitoring, and personal movement profiles can also be created.
The judgment of the Federal Constitutional Court of March 11, 2008 confirmed the concerns of the automobile club. Ulrich Klaus Becker. ADAC Vice President for Traffic: “License plate scanning must remain a special surveillance measure for serious searches, otherwise it violates the Basic Law and means entry into the Big Brother state. Unreasonable and suspicious video raster searches have so far not brought any noteworthy successes. In order not to endanger the rule of law, this investigative practice may only be used in acute dangerous situations and particularly endangered areas. "
According to the ADAC report, four other federal states – Hamburg, Hesse, Rhineland-Palatinate and Saarland – have suspended their unconstitutional laws in practice, but have not yet changed them. Only in Brandenburg and Thuringia are the relevant regulations constitutional. Video scanning is completely avoided in Bremen, North Rhine-Westphalia, Saxony-Anhalt and Schleswig-Holstein.
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