Police Officer – €1,400 Fine (Germany, 2019)

€1,400Bundesbeauftragter für den Datenschutz9 May 2019Germany
final
Fine

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A German police officer was fined for using a police database to look up personal information for personal reasons. He accessed and used the data without any official need or consent from the person involved. This case shows that even individuals in authority positions must respect privacy laws and use data appropriately.

What happened

A police officer accessed personal data from a police database for personal reasons without consent.

Who was affected

The person whose license plate and phone number were accessed by the police officer without consent.

What the authority found

The data protection authority fined the police officer for processing personal data without a valid legal basis, as he used the information for personal purposes rather than official duties.

Why this matters

This case highlights that individuals, even in official positions, must adhere to privacy laws and use personal data only for legitimate purposes. It underscores the importance of accountability in data handling by public officials.

GDPR Articles Cited

Art. 6 GDPR
Full Legal Summary
Detailed

The police officer, using his official user ID but without reference to official duties, queried the owner data concerning the license plate of a person who he did not know well via the Central Traffic Information System (ZEVIS) of the Federal Motor Transport Authority. Using the personal data obtained in this way, he then carried out a so-called SARS enquiry with the Federal Network Agency, in which he asked not only for the personal data of the injured parties but also for the home and mobile phone numbers stored there. Using the mobile phone number obtained in this way, the police officer contacted the injured party by telephone - without any official reason or consent given by the injured party. Through the ZEVIS and SARS enquiry for private purposes and the use of the mobile phone number obtained in this way for private contact, the police officer has processed personal data outside the scope of the law on his own authority. This infringement is not attributable to the police officer's department, since he did not commit the act in the exercise of his official duties, but exclusively for private purposes. The prohibition of punishment under § 28 LDSG, according to which the sanctions of the GDPR cannot be imposed on public bodies, does not apply in the present case, since it was neither a case of misconduct attributable to the authority nor is the person concerned to be classified as a separate public body within the meaning of § 2 (1) or (2) LDSG in the case of the acts in question.

Details

Fine Date

9 May 2019

Authority

Bundesbeauftragter für den Datenschutz

Fine Amount

€1,400

Enforcement Tracker ID

ETid-50

About this data

Data: CMS GDPR Enforcement Tracker
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Cite as: Cookie Fines. Police Officer - Germany (2019). Retrieved from cookiefines.eu

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