Criminal prosecution with corona data: Brandenburg plans violate the Infection Protection Act

Law enforcement with Corona data

Brandenburg violates the Infection Protection Act


Wed 02/23/22 | 6:03 p.m. | Of Gabi Probst

Image: DPA/Philipp von Ditfurth

It is unclear which “serious crimes” are meant

Federal Ministry disagrees

Data protection officer considers the legal situation to be clear

Poll: Majority of countries against

A survey by rbb24-Research of the judicial authorities in all federal states showed that only Bremen and Rhineland-Palatinate share Brandenburg’s legal opinion. However, Rhineland-Palatinate insists on a judicial decision before the data can be used after a case became known in January that caused a nationwide sensation. In order to clarify a physical injury in a restaurant, the public prosecutor’s office in Mainz asked the responsible health authority for corona data. A lawyer complained. The prosecutor had to apologize.

The Berlin Senate Department for Justice informed the rbb that such cases had not previously occurred and therefore the topic was not relevant. In Mecklenburg-Western Pomerania, the public prosecutor’s office made it clear as early as autumn 2020 that “recourse to this data in the context of the investigation and criminal proceedings” was “inadmissible”.

In the Union-led ministries of justice in Saxony-Anhalt, Schleswig-Holstein, Lower Saxony, Baden-Württemberg, Hesse and Bavaria, the assessment is identical: no corona data use for criminal prosecution. The North Rhine-Westphalian Minister of Justice, Peter Briesebach, added that a different interpretation of the Infection Act, even in the case of “serious crimes”, was “personally out of the question” for him. “Only if this trust rests on a secure basis and is not shaken will the population continue to be willing to make their digital contribution to combating the pandemic.” The law also leaves no room for interpretation for the Thuringian Minister of Justice, Dirk Adams (Greens): “The Infection Protection Act specifies very clearly how personal data collected in the context of contact tracing may be used.” Hamburg and Saxony, where the justice departments are also green, share this view.

A question of the credibility of the state

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