Legal foundations of the monitoring of motor vehicles by authorities
The monitoring of motor vehicles by authorities encompasses various measures aimed at ensuring compliance with legal regulations in road traffic and in the field of motor vehicles. The relevant regulations are enshrined in various laws and ordinances at the federal and state level, as well as in European standards. The main focus of monitoring is on traffic safety, environmental protection, as well as public security and criminal prosecution.
Legal sources and areas of application
Road traffic law
The central legal basis is the Road Traffic Act (StVG), as well as the Road Traffic Regulations (StVO) and the Road Vehicle Licensing Regulations (StVZO). These establish the rights and obligations of vehicle owners and drivers, as well as the responsibilities of the authorities. Pursuant to § 36 StVZO, for example, vehicles must be stopped and inspected by police officers or appointed persons to check their roadworthiness.
Police law
Surveillance actions to avert danger are carried out within the framework of the respective state police laws. These allow the police to conduct checks and seizures in public traffic areas and to observe vehicles in order to prevent imminent dangers to the general public.
Data protection law
The Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR) regulate the handling of personal data collected during surveillance measures, such as image and video recordings or cell site data requests. Data collection must always be proportionate and comply with the principle of data minimization.
Criminal procedure law
In the context of criminal investigations, surveillance measures are regulated by the Code of Criminal Procedure (StPO), in particular pursuant to § 100h StPO (technical observation) or § 100g StPO (information on telecommunications connection data). These measures generally require a judicial order.
Types of official monitoring of motor vehicles
Traffic checks
Traffic checks are individual measures by which authorities check compliance with road traffic regulations. They may be carried out for specific reasons (e.g., suspected regulatory offense) or without cause (general traffic check). For this purpose, police officers are authorized under § 36 StVO to stop vehicles and inspect the documents required for participation in road traffic.
Technical inspection and monitoring organizations
To monitor the technical condition of motor vehicles, periodic general inspections (HU) and emissions tests (AU) are required under §§ 29 et seq. StVZO. Both technical inspection centers and officially recognized monitoring organizations are authorized to confirm and check compliance with the regulations. Authorities may also carry out ad hoc inspections (e.g., spot checks on trucks).
Video surveillance and automatic license plate recognition
The use of video technology for traffic monitoring is permitted under police law and in accordance with data protection law. Automatic license plate recognition (AKLS/ANPR), which involves the automated capture of license plates and their comparison with wanted lists, is especially controversial. The legal requirements for this have been specified by the Federal Constitutional Court in several decisions (see BVerfG, judgment of 18 December 2018, Ref. 1 BvR 142/15).
Surveillance and vehicle monitoring in the context of investigations
In cases of serious criminal offenses, surveillance of a vehicle or even technical monitoring (e.g., by GPS tracker) may be ordered. The restrictions for these measures arise from §§ 100h, 163f StPO and are subject to strict intervention thresholds, particularly with regard to proportionality. As a rule, a judicial order is required.
Toll and environmental zone monitoring
Compliance with toll obligations on federal motorways (see Federal Trunk Roads Toll Act, BFStrMG) and environmental requirements (e.g. environmental stickers pursuant to the 35th BImSchV) is monitored electronically and by spot checks by authorities. For the collection and monitoring of tolls, automated collection systems are permitted, provided that the storage of data is in accordance with statutory requirements.
Constitutional limits and legal remedies
Principle of proportionality
Every surveillance measure by authorities is subject to the principle of proportionality. Interference with the right to informational self-determination (Art. 2(1) GG in conjunction with Art. 1(1) GG) must always be justified and limited to the extent necessary. Extensive, indiscriminate mass surveillance is unconstitutional.
Legal remedies and complaints
Affected parties can defend themselves against unlawful surveillance measures. In particular, they may file an objection or seek legal recourse before the administrative courts. In the criminal context, a complaint is the appropriate remedy against judicial orders.
Sanctioning, data processing, and retention periods
Use of collected data
Data collected during the official monitoring of motor vehicles may generally only be processed for the specific purpose for which it was collected. Transmission or use for other purposes is regularly inadmissible unless a special statutory exception exists.
Data retention periods and data protection
Statutory retention periods regulate when and how long collected data may be stored (see § 29 BDSG, § 22 Federal Police Act). In particular, for surveillance measures without detected legal violations, data must be deleted immediately.
Sanctions
If violations are identified during a surveillance measure, sanctions are imposed according to the severity: either as an administrative offense or as a criminal offense. The subsequent procedural steps are governed by the Act on Administrative Offenses (OWiG) and the StPO.
Outlook and current developments
Technical and legal developments in the area of vehicle monitoring are increasingly shaped by digitalization and automation. Debates on the appropriate extent of monitoring, protection of privacy, and the legal design of new forms of control—such as intelligent traffic management systems or autonomous vehicles—are likely to become increasingly important. Legislators and courts face the challenge of effectively ensuring traffic safety and public security on the one hand, while comprehensively protecting the fundamental rights of road users on the other.
Frequently Asked Questions
Under what legal conditions may authorities monitor motor vehicles?
Monitoring of motor vehicles by authorities in Germany is subject to strict legal requirements and may not be carried out arbitrarily. Such measures are generally based on criminal procedure law (§§ 100h et seq. StPO) or the police law of the respective federal states. Monitoring is permissible, for example, if a person is under investigation for a serious criminal offense and other measures are unlikely to succeed. Such surveillance usually requires a judicial order; only in urgent cases may the public prosecutor issue a preliminary order, which must then be reviewed by a judge. Monitoring may only be conducted for a narrowly limited period and must be restricted in scope and in the data stored to what is necessary. In many cases, there is also an obligation to notify the affected person, provided the purpose of the measure is not jeopardized.
Which types of monitoring of motor vehicles are legally permissible?
Official surveillance measures may relate both to external observation of the vehicle and to the use of technical aids such as GPS trackers. While classic surveillance in public spaces is largely permissible, the use of technical surveillance devices, for example to track a vehicle, requires a special statutory basis and a judicial order (§ 100h para. 1 sentence 1 no. 2 StPO or corresponding state regulations). Acoustic or visual surveillance of the vehicle interior is only permitted under stricter conditions and, in practice, is extremely rare, since such measures may intrude into the highly personal sphere of life (possibly covered by § 100c StPO). License plate recording by so-called automatic license plate recognition systems (KESY or similar) also requires a sufficient reason and clear legal regulations, as provided in police and criminal procedure law.
How is the proportionality of official vehicle surveillance measures ensured?
The principle of proportionality is central to any official surveillance measure. Before being ordered, it must be checked whether the measure is suitable, necessary, and appropriate to achieve the intended purpose—such as solving a crime. Surveillance or technical monitoring of motor vehicles is only permitted if milder means, such as questioning or less invasive investigations, promise no success. Furthermore, an appropriate balance must be maintained between the interference with the rights of those affected and the importance of the matter being monitored. Excessive or unjustified measures are unlawful.
Are affected persons informed about the surveillance of their vehicle?
As a rule, after the conclusion of the surveillance measure and provided there is no longer any risk to the purpose of the investigation, there is an obligation to inform the affected person retroactively (§ 101 StPO). In certain cases, this retroactive notification may be omitted by judicial order, for example, if further investigations would be endangered or other legitimate interests are at stake. In the area of preventive police work, different rules may apply, depending on the police laws of the federal states.
What legal remedies are available to affected persons?
Affected persons who become aware of the monitoring of their vehicle have various legal options to challenge unlawful measures. They may file a complaint against the order of the measure (§ 304 StPO) or bring a declaratory action before the competent administrative court if the surveillance measure was carried out by the police in the context of public hazard prevention law. In addition, there is a right to information from the authorities about stored data and the scope of the surveillance measure (§ 19 BDSG). Unlawfully obtained or stored data may often be deleted, and besides legal recourse, the affected person may also file a complaint with the data protection supervisory authorities.
What is the significance of data protection in the monitoring of motor vehicles by authorities?
Data protection also plays a central role in the monitoring of motor vehicles. All collected and stored personal data are subject to the requirements of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), as well as special data protection provisions in police and criminal procedure laws. Data must be collected for a specific purpose, limited to the necessary extent, secured against unauthorized access, and deleted once their purpose has been fulfilled. If there is suspicion of data protection violations, the affected person can file a complaint with the relevant data protection authority. Supervisory authorities are also authorized to check the lawfulness of official surveillance measures and to follow up on complaints.
To what extent does the consent of the affected person play a role?
In criminal procedure or hazard prevention surveillance measures, the consent of the affected person is fundamentally not required and is generally not provided for in practice, as the purpose of the measure would regularly be defeated. The situation is different in cases of surveillance outside the official context—such as private GPS trackers with the consent of the vehicle owner. However, in individual cases, authorities may rely on voluntary consent if the affected person explicitly and voluntarily consents and the legal prerequisites are met. Such cases are rare in practice, however, because police and criminal surveillance measures are based on special statutory intervention authorizations.
