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Constitutional Court: The police should not optically recognize the tablet.


Because the Constitutional Court is incompatible with the right to protect personal information pursuant to Article 38 of the Constitution, it is part of the police duties and powers relating to the use of technical means for optically identifying license plates in the performance of police duties It was invalidated. The Ombudsman asked the Constitutional Court for its evaluation.

The Constitutional Court has abolished the law in the area of ​​police, which states that it can use technical means for optical identification of vehicle license plates to determine the conditions for participation of drivers and road vehicles, as well as search for people and goods. However, they must be used in a manner that does not allow mass control and facial recognition.

You must have all legal action associated with your personal information.

According to the Constitutional Court, Article 38, Paragraph 2 of the Constitution does not coincide with the law and there must be a legal basis for each act in relation to personal data. That is, the following data should be collected for each processing step. Gather all information, including transmission, analysis, comparison, and all other processing steps provided by the measurement.

The Constitutional Court abolished the law in the area where the police could use technical means for optical identification of license plates.Photo: Damian Zibert

As the Constitutional Court pointed out, automatic versioning activities include collecting data and verifying with other records of personal data. However, the two phases of data processing constitute independent interventions and require independent legal regulation of personal data processing.

These measures are not actually implemented.

The Constitutional Court will decide separately on the request of the remaining Ombudsman. The Ombudsman submitted a request for constitutionality evaluation due to regulations on air passengers and the use of informal vehicles.

Because the Illegal Transaction clause did not determine, the Government did not explain in other provisions of the law that the data collected on license plates can not be convinced that automatic comparison (automatic) The Constitutional Court has made this decision at the request of Article 38 (2) of the Constitution.

As a result, the Ombudsman did not evaluate any other unconformities that existed after the evaluation. It considers this contested measure to be imbalanced and considers that such a system allows for mass control.

The police explained that the police did not actually enforce the measure and therefore did not determine the possibility of data destruction that could be stored based on the constitutional law basis.

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