On August 7, 2024, the Schleswig-Holstein Administrative Court issued its decision in Case No. 8 A159/20 in which it partially annulled the decision of the Schleswig-Holstein data protection authority (ULD) and dismissed the case in relation to filming on the road, under the General Data Protection Regulation (GDPR).

Background to the decision

The Court stated that the plaintiff created videos of car rides and published them on the internet. The ULD, in its decision, held that the individual violated the GDPR and ordered the individual to, among other things:

• modify the videos in such a way that persons, insofar as they are in the foreground of the image section according to the overall impression, can no longer be identified by their external appearance, and vehicle license plates cannot be read unless the person concerned has consented to the publication of their data;
• inform that the film recordings were being made for the purpose of publication on the internet, the details of persons responsible for processing, their contact details, and legitimate interests under Article 6(1)(f) of the GDPR; and
• send a photograph of proof of compliance with the information obligation.

Findings of the Court

The Court found that ULD's decision is unlawful and violates the individual's rights insofar as the ULD instructed them to visibly indicate when making personal film recordings, which legitimate interests within the meaning of Article 6(1)(f) of the GDPR are being pursued by making the film recordings, and insofar as the ULD instructed the individual to prove that the obligation to provide information has been fulfilled by sending a photo. Otherwise, the decision is lawful and does not violate the individual's rights.

Outcomes

In light of the above, the Court partially annulled the ULD's decision and dismissed the case. 

You can read the decision, only available in German, here.