Federal Constitutional Court: Sprayer sues successfully against taking his fingerprints

The police may only take fingerprints and photos of a suspect if the individual measure is specifically necessary for the criminal proceedings. The Federal Constitutional Court announced on Friday that the fundamental right of the person concerned to informational self-determination must always be weighed up. The Karlsruhe judges upheld the complaint of a man in whose case the Zwickau police had gone too far. (Az. 2 BvR 22/22 )

The man was in June 2021 was spotted spray-painting two pieces of graffiti on a gas distribution building. There was about the writing “Antifa Boxen” and an apparently anti-Semitic insult, which the man painted over in silver paint over a large area.

Biometric data collected without reason

A witness spoke to him, filmed and photographed him. After the building’s owner filed a criminal complaint, police recognized the man in the witness’s photos. An investigation into property damage was initiated. At the beginning of July, the police also ordered the taking of various pictures, a ten finger print and a palm print. District and district court had confirmed this order.

The sprayer took action against this identification service treatment. The Federal Constitutional Court has now ruled that the measure was illegal and violated the man’s fundamental right to informational self-determination.

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