Identification service/ED treatment

The identification procedures (photographs, fingerprints, measurements, and similar measures) under public safety law do not serve to solve a specific crime, but rather the precautionary collection of data for possible future proceedings – and thus infringe upon the right to informational self-determination (Article 2 Paragraph 1 in conjunction with Article 1 Paragraph 1 of the Basic Law). This practice is now widespread, even in connection with assemblies.

The measure requires a sound negative prognosis: there must be concrete indications that the person in question will commit further offenses in the future, or will commit any offenses for the first time, and that the collected documents could further the subsequent investigations. A mere initial suspicion or a discontinued or acquittal is not sufficient on its own. Proportionality must always be maintained.

The long-term consequences are particularly serious: Once collected, data is stored and kept in police systems, often for years. Legal action should therefore be taken against unlawful data processing.

Court decisions and publications on ED treatments

Administrative Court of Baden-Württemberg – Decision of 11 August 2022 – Case No.: VGH 1 S 326/22

Section 26 of the Police Act, Section 29, Sections 6 et seq. of the Police Act, 30 of the Police Act, demonstration observer, search, identification procedure, determination of personal details, Administrative Court of Baden-Württemberg

Stuttgart Administrative Court – Judgment of November 10, 2021 – Case No.: 5 K 2033/20

Section 26 of the Police Act, Section 29 of the Police Act, Section 30 of the Police Act, Sections 6 et seq. of the Police Act, demonstration observer, search, identification procedure, determination of personal details, Stuttgart Administrative Court

Hamburg Administrative Court – Decision of 20.09.21 – Case No.: 19 K 3981/20

Section 161 Paragraph 2 Sentence 1 of the Administrative Court Procedure Act (VwGO), Section 92 Paragraph 3 Sentence 1 of the Administrative Court Procedure Act (VwGO), identification procedures, allocation of costs, Hamburg Administrative Court

Administrative Court of Dresden – Judgment of 13 March 2019 – Case No.: 6 K 2405/16

Section 36 Paragraph 5 Sentence 1 of the Road Traffic Regulations (StVO), Section 19 Paragraph 1 of the Saxon Police Act (SächsPolG), Section 163b of the Code of Criminal Procedure (StPO), Section 24 No. 1 of the Saxon Police Act (SächsPolG), Section 81b of the Code of Criminal Procedure (StPO), Section 8 Sentence 1 of the Saxon Police Act (SächsPolG), search, identification procedures, determination of personal details, traffic control, video recordings

Administrative Court Sigmaringen – Case No.: 1 K 2822/16

Section 81b, second alternative, of the Code of Criminal Procedure, Section 81b, dual-purpose measure, identification procedure

Administrative Court of Lüneburg – Decision of 26 November 2014 – Case No.: 5 B 50/14

Section 81b, second alternative, of the Code of Criminal Procedure, Section 80, paragraph 5, of the Administrative Court Procedure Act, identification procedures, football fan, public safety law

More court decisions can be found in the case law database.