Term and Definition of “Street” in the Legal Context
The term “Street” (English for “Straße”) refers primarily to a traffic area serving public or private transport of people, vehicles, and goods within a legal context. In German law, the term itself is rarely used explicitly; instead, terms such as “Straße” (street), “öffentliche Straße” (public street), or specific types of streets are more common. The following provides a comprehensive overview of all legal aspects of the term.
Legal Foundations for Streets
Public Streets and Private Streets
Road law distinguishes between public and private streets.
Public Streets
Public streets are generally open to everyone for use. They are made available for public transport by government act (dedication) on behalf of the public. The relevant regulations are found in the road and pathway laws of the federal states, for example the Federal Trunk Road Act (FStrG) for federal highways and the respective road laws of the states.
Private Streets
Private streets are owned by private individuals or companies and are either accessible only to a limited group of users, or can, under certain conditions, be dedicated for public use.
Dedication and Decommissioning
Dedication is an administrative act that officially designates a street as a public street for specific purposes (e.g. pedestrian, bicycle, motor vehicle traffic). Decommissioning refers to the opposite administrative act by which the public character is withdrawn. The legal basis is provided by the street laws of the federal states.
Road Construction Responsibility and Maintenance
Road construction responsibility determines which legal entity or person is responsible for the construction, maintenance, alteration, and operation of the street. For public streets, this responsibility usually lies with public authorities (federal government, state, municipality); for private streets, it is the owner’s responsibility.
Statutory Road Regulations
Road Traffic Law
Road traffic law, in particular the Road Traffic Act (StVG) and the Road Traffic Regulations (StVO), governs the use of roads by traffic participants as well as conduct on roads. The StVO sets out general traffic rules, traffic signs, and the duties of participants in road traffic.
Right of Road Use
The right of road use distinguishes between general use and special use:
- General use: The customary use of the street by everyone (e.g. driving, walking).
- Special use: Any use beyond the general use, such as setting up sales stands, posting signs, or holding events, which requires a special use permit.
Liability Regulations
In connection with roads, various liability situations may arise, in particular:
- Traffic Safety Obligation: The obligation of the competent authority or owner to keep streets safe for traffic (e.g. removal of obstacles, clearing snow and ice).
- Liability in Case of Accidents: If the traffic safety obligation is breached, compensation for damages caused by the defective condition of the street may be claimed (§ 823 BGB).
- Liability in Road Traffic: If damage occurs through the use of a vehicle on a public “Street,” the owner is liable pursuant to the provisions of the StVG and, if applicable, due to operational risks.
Special Characteristics of Street Types
Public paths, squares, and streets
The term also includes ancillary facilities such as sidewalks, cycle paths, parking strips, as well as public squares, provided they are properly dedicated.
Private paths and private streets
These are generally subject to private law. Use by third parties may be prohibited by the property owner, unless a right of way exists.
Streets within the meaning of Building Law
Within the context of road law, the term may also include access roads as defined by the German Building Code (BauGB), which are necessary for connecting properties as part of building development planning.
Use of Streets under Road Law and Protective Provisions
Right of Access for Residents
Residents and owners of properties adjoining public streets have the right to reach their properties, which is the basis for numerous regulations regarding driveways, parking, and construction sites.
Structural Changes and Road Construction Contributions
Structural measures on or in the area of a “Street,” such as expansion, renovation, or installation of street lighting, are regulated by the respective state law. Owners of adjoining properties may be required to contribute to costs in the form of road construction contributions.
Protection of Monuments and Heritage Streets
If streets are classified as cultural monuments, they are subject to special protective provisions under monument protection law.
International Aspects of the Term Street
English-speaking World
In international law, especially in the Anglo-American context, “Street” generally means a public thoroughfare for vehicles, pedestrians, and bicycles. However, the legal bases, responsibilities, and types of use may differ significantly from those in the German legal system.
European Harmonization
In the course of European integration, various technical and safety regulations for streets (for example, in transportation law) have been partially harmonized.
Conclusion
The term “Street,” in the legal sense, comprises a wide range of regulations, ranging from the type of street, dedication, traffic rules, and liability to special use and building law details. The relevant regulations of the federal states on road and pathway law, traffic law provisions, as well as general rules on property and the rights of residents and users are decisive when dealing with this complex area of law. Specific legal consequences arise from the allocation of a street as a public or private thoroughfare and its intended use.
Frequently Asked Questions
Is it legally permitted to photograph people on the street?
Photographing people in public spaces—i.e. on the street—legally falls within the tension between freedom of art and personal rights. As a rule, taking photographs falls under the freedom of art and expression (Art. 5 para. 1 GG). However, as soon as identifiable persons are depicted, the right to one’s own image (§ 22 KunstUrhG) applies; according to this, the consent of the depicted person is generally required before a photo is published. Merely taking photographs without publication is often considered less intrusive by courts but may nevertheless violate personal rights depending on the situation—for example, if “the picture was taken secretly and purposefully from one’s private sphere” or constitutes harassment. Special rules apply for gatherings, demonstrations, or similar events, which may facilitate photographing and publishing under certain conditions. Nevertheless, a careful case-by-case consideration is always required, particularly for particularly protected persons (children, people in exceptional personal circumstances).
What legal risks are associated with publishing street photography?
Publishing street photography in which people are identifiable constitutes distribution within the meaning of § 22 KunstUrhG and is not allowed without the explicit consent of the person concerned. Exceptions exist in a few, narrowly defined cases under § 23 KunstUrhG, such as for pictures from the realm of contemporary history, images where persons appear only incidentally alongside a landscape or other location, pictures of gatherings or parades, and images serving higher artistic interests. A violation of the right to one’s own image can result in claims for damages and injunctive relief (§§ 823, 1004 BGB) as well as fines. There may also be criminal consequences, such as a violation of the highly personal sphere of life (§ 201a StGB).
How is street photography assessed under the GDPR?
With the entry into force of the General Data Protection Regulation (GDPR) in 2018, photography in public spaces is subject to stricter regulation, as photographs of people are considered personal data. Processing of such data (photographing, storage, publishing) is generally only permitted with the consent of the affected individuals (Art. 6 para. 1 lit. a GDPR) or another legal basis. It is a legal controversy to what extent journalistic or artistic activities (e.g. documentary street photography) benefit from GDPR exemptions (Art. 85 GDPR). In Germany, this is alleviated by opening clauses and special media privileges, but significant legal uncertainty remains, especially for non-commercial or semi-professional photographers.
What are the possible consequences of violations of image rights on the street?
Unauthorized taking or unauthorized publication of images can result in both civil and criminal consequences. The depicted person can demand injunction, deletion, surrender, and if applicable, damages. In some cases, compensation for pain and suffering may be claimed. Additionally, those affected can file criminal charges if the image constitutes a crime under § 201a StGB (violation of the highly personal sphere of life by pictures), especially if the images are taken secretly or are intended to shame. Warnings with potentially substantial costs may also result.
Is it permitted to photograph police operations or personnel on the street?
In principle, police and rescue operations—as well as officers on duty in public streets—may be photographed, as they may be considered part of contemporary history and of public interest (§ 23 para. 1 no. 1 KunstUrhG). However, publishing such images must not endanger the rights of the personnel depicted or ongoing investigations. It becomes problematic if publication, for example, reveals the identity of undercover officers or violates the personal rights of those involved (e.g., injured persons, detainees). Moreover, it is a criminal offense to interfere with official measures in such a way that the police’s ability to fulfill their duties is impaired.
What are the legal rules for photographing children in street photography?
Children are subject to particularly high protection. Taking and publishing photos of minors is generally only permitted with the consent of the legal guardians. This special protection is provided by § 22, § 23 KunstUrhG, as well as by the general right of personality and child and youth protection laws (§ 64 SGB VIII, § 201a StGB). If a street photograph shows a child only incidentally or as part of a public event, publication may be exceptionally permitted, but a strict case-by-case assessment is always required. Abusive, degrading, or voyeuristic images are strictly prohibited and punishable by law, regardless of consent.
Is street photography regulated differently in other countries (e.g., USA, UK, France)?
Yes, the right to one’s own image is regulated very differently internationally. In the USA, a comparatively broad interpretation of the “Freedom of Speech” (First Amendment) applies, meaning photography in public spaces is usually permitted and publication is often lawful—exceptions exist for commercial use or deliberate denigration. In the UK, there is no general right to one’s own image, so street photography is largely unproblematic as long as no harassing or defamatory issues arise. France, however, has very strict personal rights; taking photos without consent is often already considered a violation of privacy and can lead to civil and criminal consequences. Every street photographer should therefore familiarize themselves with the local legal situation.
