Baden-Württemberg expands municipal scope for action
The state parliament of Baden-Württemberg has passed an amendment to the state data protection law that makes it much easier for municipalities to use video surveillance in public spaces. The aim of the amendment is to give cities and municipalities more legal and operational options to increase security in vulnerable locations while at the same time creating clear guidelines for data protection.
Expanded scope of application for video surveillance
The core of the reform is the expansion of the permissible areas of application. In future, video surveillance can generally be used to fulfil public tasks and within the scope of property rights. This removes the previous narrow restriction to the protection of individual, specifically defined objects or groups of people. Local authorities thus gain a more flexible legal framework to respond to local security situations.
Longer storage periods and broader property protection
The maximum storage period for video data is extended to up to two months. This takes into account the fact that relevant incidents are often only detected or reported after a delay. At the same time, it facilitates the protection of persons and particularly sensitive infrastructure – an aspect that is becoming increasingly important, especially in light of growing demands for the protection of public spaces and municipal facilities.
Use of AI in video surveillance
For the first time, state law creates an explicit basis for the use of artificial intelligence in video surveillance, particularly for the protection of life and limb and public infrastructure. AI-supported procedures can thus be used in a legally compliant manner for hazard prevention, for example for pattern recognition or early detection of critical situations. At the same time, the amended law regulates the data protection-compliant use and training of AI in administration and the judiciary.
Data use for research and administration
Beyond video surveillance, the amendment expands the scope for public interest-oriented research by making personal data more accessible for research purposes in the future. In addition, the administration will be given the option of issuing decisions in a fully automated manner, including through the use of AI. This marks a further step towards a digitised, more efficient administration.
Classification and outlook
With this amendment to the law, Baden-Württemberg is pursuing an approach that aims to strike a new balance between security, digitalisation and data protection. In this context, Home Secretary Thomas Strobl emphasised his confidence in local authorities to responsibly balance data use and data protection at the local level.
For cities and municipalities, the reform means one thing above all: more creative freedom, but also more responsibility. Practical success will depend largely on how transparently, proportionately and technically cleanly the expanded video protection is implemented.
