Use of body cameras by the Bavarian police – the legal basis The use of body cameras by the police or public order offices is determined separately in each federal state. The legal basis for body cameras in Bavaria is the Police Tasks Act (PAG). Article 33 (link) regulates when and how the Bavarian police may use body-cams to make image and sound recordings of persons at public events or in certain locations. In addition, clear rules are established for handling the recorded data.
The Bavarian police began testing body-cams back in 2016. Since 2019, body-cams have been used across the board by the Bavarian police to increase the safety of police officers and deter potential perpetrators of violence. At this year’s Oktoberfest, body-cams were also used in addition to additional surveillance cameras throughout the festival grounds to ensure the safety of all visitors.
Direct link to the legal basis: PAG Art-33 [On the use of body-cams by law enforcement agencies in Bavaria](#law enforcement) ## When and for what purpose may body-cams be used in Bavaria?
In public spaces, the collection of personal data by body-cams is generally permitted in Bavaria. The prerequisite is that the Bavarian police only record images and sound if there are indications that administrative offences or criminal offences could be committed. However, the identification of individual persons on such recordings is only permitted if there is a threat of danger and therefore a specific reason for recording the situation.
Consequently, the Bavarian police may, if necessary, openly make image and sound recordings in publicly accessible places. Storage periods and pre-recording The data may only be stored for longer than 60 seconds if this is necessary to protect police officers or other persons against danger to life and limb. Otherwise, the data must be deleted immediately. Longer storage and further processing is only permitted under certain conditions. Duty to inform and deletion periods The police must indicate that they are observing and recording using image and sound transmission if this is not obvious. The recordings must be deleted immediately, at the latest after four weeks, unless they are required for the prosecution of criminal offences or significant administrative offences, for the assertion of claims or for the protection of private rights. Even if third parties are affected, further processing of the data is permitted. An administrative offence is considered significant if there is a threat of considerable damage or if an important public interest is affected.
How may body-cams be used in Bavaria? The police in Bavaria may use body-cams or other recording devices to protect police officers or third parties. Recordings may be made at or in sensitive locations if they are necessary to protect against significant dangers. In homes, this is only permitted if there is an acute danger to a person’s life, health or freedom. In addition, the use must be documented and the use of body-cams in homes requires judicial review. ## When must body-cam recordings be deleted? The legal basis in Bavaria stipulates that body-cam recordings must be deleted after two months at the latest, unless they are required for criminal prosecution or to verify the legality of police measures. The deletion process itself must also be documented. ## Legal basis for body-cams at Bavarian public order offices There is a specific legal basis for the use of body-cams by municipal public order services in Bavaria, which, however, is not regulated in the Police Tasks Act (PAG), but only at the municipal level. Consequently, the use of body cameras for security purposes can be stipulated by the respective municipality or city in its statutes, but must comply with state law requirements. In addition, the use of body-cams by municipal law enforcement agencies must also comply with data protection regulations. Particularly relevant here is the Bavarian Data Protection Act (BayDSG), which sets out requirements for the protection of personal data.
Get free advice To our guide for the GDPR-compliant use of body cameras