Is a public order office notice including a photo lawful?

  • Erstellt am 2020-07-11 22:48:59

HilfeHilfe

2020-07-11 22:48:59
  • #1
You still know my neighbor Egon who passed away. I have a new neighbor, Alfred, almost 75 and retired (had some high position in his previous life). I buried a plant and hauled away the topsoil to a protective wall. Alfred took a photo of me and snapped at me. He is reporting me because I am illegally disposing of my garbage. So? Is he allowed to take photos of me and send them to the authorities? I would be interested to know. Otherwise, it will probably cost me 30€.
 

tomtom79

2020-07-11 22:54:14
  • #2
Maybe he thinks it was something else, e.g. a corpse

But there is no punishment for a plant, so why bother to bury something like that? I will take it to the green waste collection point with the mowed grass.
 

HilfeHilfe

2020-07-11 22:57:02
  • #3
No, I removed the topsoil. Buried the plant.
 

HausiKlausi

2020-07-11 22:59:00
  • #4
What does 30,-€ cost you? Fine? What offense? To the question: No, he is not allowed to take pictures of you. Keyword right to one's own image: "The right to one's own image is in Germany a subcase of the right to informational self-determination protected by Art. 2 Para. 1 in conjunction with Art. 1 of the Basic Law." (Source Wikipedia). Furthermore, he is not allowed to photograph your property, as this is probably not covered by the freedom of panorama. A few other areas of law might also be affected, a lawyer would have to clarify that (P.S: This is of course not legal advice, just relevant professional experience).
 

HilfeHilfe

2020-07-11 23:07:56
  • #5

hm so if he gives it to the OA then I am also allowed to report him for taking photos??
 

HausiKlausi

2020-07-11 23:13:27
  • #6
Even better - he is not even allowed to take a photo of you. Even that could already justify a complaint, at least according to my layperson's understanding of the law. Unless you have really just buried the mother-in-law there. Then that might be permissible for evidence preservation.
 

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