No claim to release S-Bahn video recordings – Jurisprudence of the Administrative Court of Berlin-Brandenburg and its implications
On May 16, 2023, the Higher Administrative Court of Berlin-Brandenburg (Az.: OVG 12 B 1.23) confirmed that private individuals do not generally have a claim to obtain video recordings from publicly operated surveillance cameras on the S-Bahn. The decision highlights the complex data protection and procedural considerations in the tension between an identified person’s desire to access image recordings and the duties and powers of responsible entities in public transport.
Background of the case
Facts and course of the proceedings
The judgment was based on a lawsuit filed by a passenger who, following an incident on an S-Bahn, sought the release of specific surveillance recordings from Deutsche Bahn AG in which he was presumably pictured. The plaintiff’s goal was particularly to use the video material to enforce civil claims against unknown third parties. After the administrative court had already dismissed the lawsuit, the OVG now confirmed the decision of the lower court and rejected a general claim for release.
Relevance of video surveillance
The expansion of video surveillance in public spaces serves both to protect against criminal acts and to clarify incidents. This results in an increased need for many parties to access stored recordings. The now asserted demand for release affects a particularly sensitive area of data protection where numerous interests collide.
Legal framework for the release of video recordings
Applicability of the General Data Protection Regulation (GDPR)
According to Art. 15(1) GDPR, data subjects generally have the right to access personal data concerning them that a controller processes. Under Art. 15(3) GDPR, this may also include the right to obtain a copy of that data. However, this regulation is not without limits: the OVG dealt extensively with the interpretation of the relevant provisions and data protection barriers.
Diverging interests and legitimate concerns of third parties
Even though the right of access is of great importance for individual control over one’s own data, it does not necessarily extend to the release of video recordings in the form of copies. The court emphasized that especially the legitimate interests and rights of other individuals depicted, as well as the concerns of affected parties such as the S-Bahn operator, must be considered (Art. 15(4) GDPR). Releasing video to individual persons could infringe on the personal rights of other people depicted in the recordings.
Technical, organizational, and legal challenges
The court’s decision also acknowledges the enormous technical and organizational hurdles of selectively releasing individual image data from large-scale video recordings. A data protection-compliant redaction of all other image elements is not regularly possible with manageable effort. The processing and transfer of such recordings are also generally restricted to fulfilling the original purpose of the recording, such as for the prosecution of crimes or in specific danger situations.
Impact of the decision
Limitation to official transfer
The OVG clarified that access to surveillance data in the past is only granted with the involvement of law enforcement authorities. The police or public prosecutor’s office can, in the context of ongoing investigations, obtain a release if the legal requirements are met. Thus, there is generally no direct claim for individuals to obtain a copy or release of the video data for the preparation or conduct of private legal disputes.
Protection of affected rights
The decision strengthens the position of the recording operators, particularly those operating in the public transport sector. However, it also makes clear that the protection of personal data of various parties involved, as well as the preservation of other legitimate interests (e.g., security and integrity of railway infrastructure), must not be compromised by an expansive interpretation of the access and copy rights.
Possible consequences for those responsible and those affected
This may mean for companies and institutions operating surveillance systems that they must continue to design access to stored data very selectively and restrictively. Private individuals who rely on surveillance data in cases of assaults or accidents must be prepared for the fact that, as a rule, only the competent authorities can initiate a viewing and transfer under clearly defined legal grounds.
Outlook and significance for practice
The judgment provides clarity regarding the limits of individual data protection claims to access in connection with video recordings in public transport. It also emphasizes the need for careful balance of interests and strict adherence to data protection regulations by the operating companies. The decision is significant beyond the individual case for comparable situations in other sensitive surveillance areas.
For anyone concerned with questions regarding data protection-compliant processing, storage, or release of video recordings, professional support can be of great value. MTR Legal Attorneys offer professionally sound assistance – further information can be found under Legal Advice in Data Protection.
