Average speed cameras in Germany illegal under GDPR

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https://www.heise.de/newsticker/meldung/Gericht-stoppt-bundesweit-erstes-Streckenradar-4333809.html (German language)

I haven’t found an English report so far.

The German courts have decided that the first average speed camera system that went online 2 months ago is actually illegal under data protection rules (GDPR).

The problem is, a normal speed camera takes a picture of somebody breaking the speed limit and this is allowed.

The average speed cameras photograph every car / its numberplate as it enters and leaves the section under observation. The problem is, it takes images of cars/drivers that have not committed a crime and stores said image. In order to do that, the camera operator has to get the assent of every driver not breaking the speed limit to be photographed, before the image is taken. It is also illegal to store the information once the driver has left the control area, unless they are guilty of excessive speed.

The police got their knuckles rapped last month for using the cameras to trace/catch criminals of other crimes who happened to pass in front of these cameras. Now the State of Lower Saxony has to immediately disable the camera system, while they wait for their appeal to be heard.

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