NGOs that accompany demonstrations to document police actions are therefore often themselves targeted by police measures such as identity checks, searches, kettling or taking photographs.

The landmark decision of the Federal Constitutional Court of July 24, 2015 (Case No.: 1 BvR 2501/13), which we, together with the citizens' initiative "Observe the Police and Judiciary" in Göttingen, successfully fought for, is a landmark ruling. The Federal Constitutional Court overturned decisions by the Göttingen Administrative Court and the Higher Administrative Court of Lower Saxony, which had declared the identity check of a demonstration observer lawful, and deemed them disproportionate infringements on the right to informational self-determination. The key clarification is that if demonstrators make recordings of deployed officers, this cannot be used to conclude, without further justification, that there is a concrete threat to a legally protected interest.

This decision strengthens the rights of demonstration observers nationwide. Nevertheless, the principles developed by the Federal Constitutional Court in Karlsruhe must be repeatedly enforced in court…