Craftmapping und Datenschutzgrundverordnung - Was ist erlaubt, wo sind die Grenzen?

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Video in TIB AV-Portal: Craftmapping und Datenschutzgrundverordnung - Was ist erlaubt, wo sind die Grenzen?

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Craftmapping und Datenschutzgrundverordnung - Was ist erlaubt, wo sind die Grenzen?
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Subject Area
Das OpenStreetMap-Projekt sammelt geographische Informationen. Dabei ergeben sich zahlreiche Berührungspunkte mit personenbezogenen Informationen. Der Vortrag geht den Fragen nach, ob die Datenschutzgrundverordnung einschlägig ist und welche Anforderungen ggf. beim Craftmapping und der Eintragung von Informationen in die Datenbank zu beachten sind.
YES <Computer>
Google Electronic data processing Facebook Information View (database)
Database Smartphone Uploading Derived set (mathematics)
Information Database Hospital information system Uploading Derived set (mathematics)
Noten <Programm> IP address Information Identifiability
Degree (graph theory) IP address Information Uploading Identifiability Installable File System
Uploading Installable File System
Electronic data processing Control engineering
YES <Computer> Information Texture mapping Database Uploading
Texture mapping Uploading
Electronic data processing Information Information
Electronic data processing Database Conditional-access module Information
YES <Computer> Plane (geometry) Link (knot theory) Information Database
Plane (geometry) Link (knot theory) Electronic data processing Database Uploading
IP address Database XML
YES <Computer> IP address Mapping Database Hospital information system
Welcome to the last
here in the audimax at the fund conference 2009 10
are on friday the third day tomorrow it is still on saturday I'm sure nobody will but I believe in this lecture I'm really very happy now that's what most people are looking for on the one hand, that the case is really understands legal content understandable for us to work up on the other hand, in my sparse free time map I also sometimes and of course I want to know what may I and what can I not really right Thanks for the introduction then
Let's see if I can do this here reasonably understandable can I see most of them have well, prepare something to drink
put yourself in case it is too dry then we'll get it right me But try as clearly as possible close
At first , it was a bit like that how data protection works and where for us or for that one at all understands us the problems lie because if we do not start in the beginning privacy paranoia we can then also the whole problems maybe for We will see that then we will see do not understand So we have to go to the world first
of a privacy protection maybe a little disclaimer anticipation that sounds like already I would not privacy or dislike privacy that's wrong that sounds right now you are equal but that is different understand I just say it's not like that Great implemented just when it is on smaller groups or people the There are volunteers on the road few problems that are not so nice na So data protection is correct in principle and important, but we have one with us few problems maybe here too fight before we go with the privacy
Let's start with that problem of information because without that not the problem of information one understands, even if part the data protection paranoia just do not understand digital Information age does not mean that do not just disappear by themselves a car what you buy rustes one sometime our butt away personal date was digital in the world is disappearing first of all
alone not on the contrary it leaves Super duplicate it can be super transfer save and what the Geoinformatiker then or at all the what said so nicely that scientist like that is the combinability different information with each other to gain new information that means that data can be great unfortunately, too personal data or information and they do not disappear we will be the same again by ourselves
see a little bit in detail if Maybe you still with the analog world presents this wall full of files of paper
if you want to copy it there you are Weeks busy the same the amount of information you have with a wall full paper has fits on the usb-stick and is copied in no time
and here comes the first one paranoia into the game that one just too says for it systems have to be just then also a few stricter rules apply yes I'm not a computer scientist for me the rules are pretty strict as just for information on paper then maybe enough enclosed doors completed Filing cabinet so now we have that
already looked at the information and also the Federal Constitutional Court
has ever been with digital stored information namely 1983 in the famous census judgment as it is in the old one The Federal Republic was therefore about the people to count and then back then so did that Federal Constitutional Court right Informational self-determination found yes the right to privacy that stands so not in the constitution in it so if one leafs through the constitution one does not find this fundamental right that way and then the legal scholars the right judge said gone
Let's have a look at the constitution scroll through and there a bit what people become and what they are general freedom of action and thus yes, only the privacy meant and then we said interpret the constitution and find the right informational self-determination the data protection law or right on informational Self-determination is now too So anchored at European level we do not even have to more on this later found fall back on fundamental rights in the constitution have it now on eu level so and what did they say in those days? on informational self-determination carries endangerment and injury of the personality bill for yourself particular in particular among the conditions of modern data processing from information-related measures make electronic data processing of personal data data is dangerous and this is almost always in 1983 since Judgments of the Federal Constitutional Court repeated until today similar or this is loud comes from the judgment in the december has been issued for the scanning of License plate by police calm by the police but as said that
Since 1983 always one repeats then speaks of constant
jurisdiction so what does the whole thing now to do with us yes this statement has yes
Well first, we now know Data processing is something strange that is
The legislator has gone there the basic data protection regulation created before that it was the Federal Data Protection Act now it is the privacy policy reason regulations the federal Data Protection Act of course there are still and the state data protection law is there now be it the data protection reason demanding just give a little something else in it so that is with the so to speak data protection basic regulation interlocked been
something like that now has a knife with global players of the industry together The good news is the legislator the privacy policy is reason for order Us mekka for just as important and Relevant as amazon facebook and google the bad news is for us then maybe the privacy Basic regulation applies that is first not such a nice message though Let's go on I already had a bit I announced a bit now About the basic data protection regulation whine because she has just now in the area where we move in volunteer area or at smaller and business so a few deficits on the one hand the biggest problem is the privacy not scaled whether one is the single person to that problem we come again later deepened a small business is one medium sized company or one apply to global corporation as a matter of principle All the same rules of privacy basic order there is nowhere in there anywhere So who is volunteering and a non-profit association just has to do the and To follow the rules and who did this mean company and we did not follow the rules You can do it all a bit catching but from the principle gets First you have to put on some sweaty beads the forehead if you read that and get that Privacy policy reads and decrees the digital refers to itself data processing of personal data Information is basically evil I already told you there is one too dictum of the Federal Constitutional Court that says in the world of digital Data processing is not a date insignificant and that will be in doubt too always from state data protection authority brought out if they something must justify why they are now intervene why they say the rules no date is ever insignificant have to protect and we have each other already the statement of Federal Constitutional Court looked at data protection usually starts already before anything is processed So we have to look at the Collection of data thoughts do not only then become the have data and continue processing or but want to process the problem just starts in advance we even capture data and to process Of course, that does not happen differentiates whether the data is now for any charitable purposes used or if they are just commercial used or not that's all for privacy the basic regulation does not matter data protection basic regulation goes from ideal enemy images and the enemies are the dinosaurs so if you have privacy reason Ordinance looks at and then google facebook amazon and consorts presents then everything fits that sounds like that Everything is right if you say that perhaps also applies to me as men then grumbles in the stomach because you think that can not really be thought that way his look at us again that's what I mean by that produce data protection law in the field of hobby honorary and small business wide-minded So just do strange things result so a professional has one Unhappy feeling only it is with the belly feeling is always such a thing that can to be right but it can be too just be that belly Say , we always have that different made that does not suit me at all bag what is required of me now and So you have to have a belly feeling at all be a little careful but im principle, we must at least that take a close look if your belly feeling and what you read somehow apparently not really to each other fits the privacy has a pretty
paternalistic basic tendency because he We just have to tell the citizen all protect his personal data process that is in principle a nice first approach and a good approach but in some things you just say Maybe that's just not the case important or useful now here thanks Protection on data protection law riding around but that's not how it is privacy protects the citizen if he Want or not there is no principle of self-responsibility so not by a principle itself because blame who the gps track when meppen where he started before this on your doorstep is and went to work just upload it to openstreetmap would actually have to look that stored there properly and everything is not processed dangerous or data protection law just problematic just one is already actually in the data protection right in it that's what I'm going to say it is now not so data protection law applies to this case not if you are in there a personal date, namely one Movement profile of a specific person
at a certain time when you are there does nothing no matter so but just as I said one can not say himself was to blame for the is high but you are if you are this date is processed or stored then just for the protection of this date found
Good as far as I think you have now all so the paranoia from the Data protection internalized her now understands what it's about Watching us again to what is powerful mappings is a bit like that I myself with the gps device on the way was good meanwhile you do it anyway not gps device with the mobile phone is the yes with the Smartphone is synonymous all that excellent and there blur of course, a little bit the same individual methods with which you outside So I say his data brings that most common and the most beautiful is so foto
mapping nowadays you take pictures actually everything if you are something want to remember the beautiful is in the smartphone we also have a gps receiver the then the same in the photo with a note what then the further processing in Houston is much easier now can also film that and georeferencing well audio notes can But you can do it, but I think so completely out of use but you came Of course it can also be classics then continue with the paper the area and takes notes of what you see in town and in the country there is also the field next to it cards eg of four papers one looks at can print and then get started the supplement and then if necessary Digitize your home computer either evaluate at home in the east or you could even go back Upload that I have other drum care
I already know everything a bit Described what the killer is doing first out in his environment and detected actually geographic information for geographic information too
personal information can Let's take a look at it then he puts this data home She plays with his computer the calculator and recorded either yourself the data he then to open street map database uploads or he presents just the information he almost has photos videos field maps to the internet and then there will be edited by others and data from it derived then that is with So, publication means well mapping moves around in this way area when uploading the data that makes normal home mekka I say just as I had already suggested somewhere there is a problem now although we are actually only on interested in geographic information are with personal information how does that happen when or maybe one more word in advance when it comes to Personal information then goes open up the presence of persons personal information information the data protection law so only if a personal Information is present comes the law at all for the application of data protection
Basic Regulation Federal Data Protection Act At the same time, that tells us privacy policy regulation especially what formal requirements we must meet if we personal information process and the most important thing Data protection law tells us which one material in pre-requirements we have to comply when we personal data at all allowed to process for what purpose for personal may process information like long we personal information are allowed to process and how we at stored personal information need to protect information through organizational and technical measures would be technical measures if necessary, a virus scanner firewall access restrictions and organizational measures will be Documentations as we data process and now you realize already a strange belly feeling that's it is actually aimed at companies So maybe we are lucky and there are no personal information information before we look because if personal if not personal information exist for example at a beautiful landscape photo where no people on it are and only forest of course finds the data protection law does not apply
that's the definition of what Personal information is that We do not need to read that through
we can get a bit shorter summarize all the information focus on an identifiable to relate to natural persons that means legal information about legal entities like first been out of the scope of the problem is managing director of gmbh xy
is Mr. Meier there we already have such a person an information hermann is if one natural person and the property about the natural person is he is the managing director of gmbh xy das What I have just said , Mr. Meier is managing director of xy is a personal date where we have one direct relationship between people have people and factual information says information gmbh persons information Mr. Meyer the immediate linkage there we have So then a personal date that does not do that for us big problem is the sticking point then here as identifiable becomes one natural person viewed which identifies directly or indirectly That means not only if I can a direct link between personal information
information was inserted personal date before but also if I have a thing information and this factual information from the knowledges I have from the skills out on one person can relate so we have mapping already because we are moving in the Area of ??????land of addresses we are in the area of geo information and geo information
Of course, they're always in there too any relationship with a person that gives basic ownership there are addresses of people and so on and so forth So we can say briefly first actually every information every thing information we somehow on one can refer to person is opened basically the scope of the data protection law because we can if We give an information to the property theoretically we could understand look at the land register and say that is the owner we could look at us as a bell Note that and could say there lives xy that means addresses and round piece information can basically have personal reference
because the people behind it are identifiable I do not even know I have that look
Let's but there is still a small one lifeline maybe the attacks for us because the data protection regulation does not intervene if none automated processing of personal information is provided that would be for example so everything not digital running may fall there so much subjunctive from the scope of data protection
basic order, for example our facebook but only as long as we have that carry around with us paper and then to leave home in paper as soon as we digitize we do already win automatic data processing so also each digital photography field and automated processing everything digital is automatic automates and then you have the has a personal reference is then look one in the field of application of data protection basic regulation back in there then analogous processing of any file system also falls under the data protection basic regulation so not our much paper but ours paper box at home alphabetically not at home apologized bad example so also the note card which companies still leads with any customer data or then maybe we still have a chance we fall out of the scope of application of the privacy reason if we are one exclusively family and private tl one exclusively family or private we could say that we could say that's my hobby that's one family activity he does not but one private activity this is my hobby now comes the problem that jurisdiction is just because they big fear has that personal data are processed incorrectly it
assumes that the exception area close family and private activities is to be construed restrictively as few exceptions as much as possible application area data protection reason that's why the same thing still needs to be done when
you are unsure if you have one family or private activity you should at least assume that
the data protection law intervenes so well you could do it on the no
does not come on the next slide that is bad when we return
how does the men go through the world he makes photo mapping goes after
home and edited that then you could say this is a private activity It is definitely not a private activity more if you put the photos on the internet high loads because then you share it with another whether the one if one now with such a volunteer project like ours also photo mapping itself in the scope of application is completely unclear There was a decision last year the bgh on the applicability of the privacy still to privacy policy but is on data protection basic order transferable to applicability of the data protection law Jehovah's Witnesses in Finland was like that they are there are the ones individual members of the church went off and have promulgation operated that belongs to those to to practice religion and now was the question is this where a family or private activity wise faithful are or is that also one matter of the church witnesses of jehovah and there the uli has said very clearly Data protection goes from close design of family and private activities of course that too is in own initiative took place in own initiative expire educational activity of the church attributable and falls naturally the our privacy policy but regulation
nothing is lost, yes we are only about it is the data protection reason Regulation or applicable at all not that does not mean that we Do not process any data is only about the rules apply at all for us if we go now assume that we are with addresses have to do and do photo mapping We could be in the scope of the privacy policy
What is then privacy is in principle
It's very simple, it's very simple
we just face all the roads in germany and imagine that access logitech no access full disc So you may not personal process data unless you have a permit it is a sign underneath that one is allowed go through 3 to 7 5 tons or what always and the art is it if you are now personal information process a permit for yourself to find the fact that the sign that says you can and we want that in the
follow again but if you look now one thinks has the permission found you can drive through the main no free ride for free citizens then come the data protection principles in game So basically rules that you have to comply if you are with personal Information handling wont look us then again very briefly
and that's almost the whole thing privacy is not more we've found we have personal information we say they pick the ones we process make us look for the experience after one authorization basis we are still looking times over it cold data protection law principles of a and if we said yes everywhere may we in principle that personal data process what actually the simple unfortunately, there are still so one or the other hook that
only and the most important thing for us as men did as permission in considering is actually that legitimate interest that is one Article 6 (1) situation data protection basic regulation regulated and there is in it in spirit I may personal data to process if I have a legitimate interest and no overriding others or the is interests of the affected affected the one I am not processing data on Outweigh that beautiful for lawyers
is the very ability of interpretation That's a balancing act in law his whole life is nothing but different interests against each other to weigh up and argue for the one or to find other page the bad thing for the practice is that The thing is so abstract that's kind of like the everyday life is not usable that means you still have many small ones then maybe go around to be able to decide because under this authorization was legitimate interest or not of course for the crafter speaks and that we outside information is allowed to raise that of course we are on Freedom of information can invoke that we are allowed to go through the world for now and all the information from the Public space are accessible from record us and then, if necessary may also continue to process store
that's what I just told you the problem is if you first now says yes in principle you can in the public street space over Properties of the upper surface of the earth inform where also house numbers and similar to where she is a doctor etc you can say but that one balancing act is so you can always meet a single case where something else is true because just one certain argument suddenly popping up that whole libra just like that nicely balanced then in favor of the affected maybe beats out so you can as principle rule in principle one may but you have to stop it
keep something critical in mind there are the maybe problematic ones cases - now no plastic Example inverted otherwise I would have it called but we can still do that times in the discussion see if I what incident there are certain other legal ones rules govern in other laws also with the freedom of information or with the reception of information from public space
we will have it once copyright law the panorama freedom So that in principle everything from public street space may take pictures without synonymous copyright rights but just have to focus on copyright protection we then have the art copyright law the explicit reference to groups of persons or focused on pictures of people and how is that when you are a person History has people in groups of people as a contribution etc and so what for us at the house numbers mapping or something else is exciting also gives a duty for homeowner the house number at the house we find and 126 paragraph 3 baugesetzbuch then one can say yes that where the legislature on the one hand a
Duties provide that can on the other hand are not forbidden to raise a privacy policy thinks completely different he says yes that has the legislator yes with focus on any things regulated but a permission did in the privacy legal sense this is not and only limited Data protection law starts much further in particular he is that art copyright law exciting what just says that if you are the person or person group only beiwerk is in one
illustration of which a photo or the may post a photo and then say the data protection authorities in particular, yes, that's what it's all about If one information back to the internet high loads but that
We all already have data protection laws getting to know each other already works a lot earlier in the elevation that art copyright law there have the no problems at all seen that someone wants to take a picture they just wanted prevent either the person the photographed must comply if that is published or just have then clarified if that one group is the only mitwerk is then allowed be published without the group too ask the data protection law already asks about it may I even take pictures and it can always happen that one when street photo mapping and the like then sometimes a few people or License plate eyes license plate number personal information You can sign up to me Register of registries for the licensing authority to go say I have a legitimate interest and then you get the Information of the holders of the vehicle is that you have a legitimate interest must prove to the information getting close so cares not for that there is no personal date is one License plate Yes, how far is enough? our responsibility so we have to think about it when we are photograph yes we will become we digitally photographing information raise and then people jump around but maybe even with the house numbers we collect personal information and for this then we are information responsible if we then do this Upload information to the database then, so to speak, part of the responsibility to the usa over but as I said in the back of the head principle, we have a legitimate
interest in the acquisition that is so actually no problem what we do if you do photo mapping and it will be similar problematic then when we upload it to the internet and
then just to see license plate as there or you have to be so person then if you think about it at all still high loads the osm f is then like that optionally as a database operator About information for information responsible in the database are stored that can then just for example be doctor's office doctor pattern
Street 1 in had to live these are personal dates though Of course we can process that because we have legitimate interest it and I think the film is anyone that is his practice for his company advertises for his himself advertises for his self-employed action works there is already out of the fact that he did that in the Public actually announces recognizable that he is with it agrees that the information is processed that is a bit like that now But as I said carefully weighed the caution could also be different in some cases go out when we say we have now personal date we have too We have permission in the Principle photo or video mapping
operate Well then we would actually have the make privacy statement we would have to see you now completely often at gas stations or something like this blue icon with video and then responsible processing department is the So according to the law word would have but it will not be
Provincial Data Protection Authority will give the somehow it hangs because remember what I said at the beginning the evil has the data protection reason want to include words that are the big ones data is processed by the millions or to process data or at least company we process the data fall as own fall also from the dangerous because not really into mass we should actually have one too set up procedural directory there is then in article 30 privacy policy reason the derogations that privacy policy regulation that procedural directory companies the less than 250 employees do not have have to set up would be nice actually a fall for us because we are so to speak single epr Unfortunately, speak this exemption yes of companies is Nobody will come up with the idea say in meppen procedure directory home lead over his mapping activity technical and organizational measures so that there then we come to the area of ??????it security is offered to companies only where a company is moderate Of course they are also secured personal data secure if not technically safe is set up then is also the Data protection is not guaranteed because then everyone can actually go to that to access protective information
does not play that for us now either roll the danger of foto Mapping then keeps in quite border then we still have affected rights information right on reimbursement yes if wrong information is processed right on deletion we come again extra information dissolves in our case on the practical level we drive on ours much too fast bike or just run fast away and if anyone asks then we give just inform him that for a photo of have made his house right up
reimbursement yes we are up accuracy our data downright as a rule, so no problem but if someone now the us mf turns and says there is for me a wrong information I'm saving hot now I'm not more just the flower doctors I still have my doctor I am now doctor must med Of course we correct that because we want if personal here But then please enter data on the correct the delete or the right one right on deletion by one concerned about the us so have processed information so if necessary, the photos we from a street train with house numbers etc as is the delete
you have to have a person one personal information if the is appropriately fulfilled for which they are collected has been and now the men say all in the back of my head but how should I because then prove that I do not from a map but have painted I ran that myself out there and that is already in one again Weighing because then when does the purpose that is then again Argumentation thing says yes if itself a year or two years nobody reports then the data can also go away then they have to be deleted if necessary are so you have not done meppen and then you have the same data Clear So the pictures you have to the top or similar and if you stop that should upload somewhere then should the one who then the general will also be available someday make sure that these pictures if necessary disappear again or to be updated someday as I said when he purpose Achieved depends on the arguments which one can put forward for why one If you want to save on the ask why do you save the data yet can look concretely because abc is that ever good if you ask the why saves the data still responds I do not know or always do made wrong answer must somehow give a concrete factual reason the second aspect becomes a bit funnier rather engages the on extinction namely , whenever you look at the authorization of the authorized person Interesting occupation for the data processing and an affected one contradicts basically comes delete claim but then again in article 17
in article 1 but in 17 no idea in whichever of them is in analogy you do not have to clear it when you enter
strong legitimate interest can prove, in particular, for example right to freedom of information and freedom of expression, therefore, for the area where we move when Force mapping is the probability relatively low that we in the case of one contradiction to the processing personal information of the actually need to delete information usually settles on one factual ebel when you're there as a rapper through the streets Do not even know where the digital information is stored are and then from the database na that are abstracted anyway
information ok yes here again in detail Privacy statement did come though we go over it i think i had it already said actually you have to already at the elevation of the personal information proactive through the privacy statements inform what you need for information levies and for what purpose this Information is not required if The information is impossible proves or disproportionate would require effort so when House numbers still map to everyone to ring and say every house By the way, I have your house now photographed I would say that it disproportionate effort I have not seen any cars yet who run the camp where then in window with the video camera privacy statements has clamped when one could say that one follows the wording actually the camp should be too no longer strictly prohibited However, the bgh is there too a bit spongy he says in principle, the data protection law applies also for video recording but im
We also leave the cam of the camel records to evidence purposes to but it has to be ensured that is not systematically recorded and then just the map has to say what on what is the reason why do you operate one not the camp In case I have an accident I want to prove it I can not blame it but must say freedom of information I collect geographic information to have the generality at your disposal to ask and then actually should
the openstreetmap foundation for the corresponding databases give privacy policy and for video and photo mad men said yes we do not need a borderline case in principle
Video surveillance is video surveillance
at all in Germany such a thing that which is probably national data protection authority nights bite reflex can get so when the first video surveillance listen then they look very carefully that may not be there at all you are so careful but relaxed Why do you argue that now needs and why that is necessary ech if now such a claim to information as I said earlier hypothetical for our cases comes the The right to information is two-tiered expanded when the request came you personal about me Information then you have to look there information can be present then answer yes or no and if you answer with no that is completed if you answer yes may be a second request and then tell me the information and then you have to in electronic provide form but that plays for us as I said actually no role because he himself actually on the tactical level in the usually do the above but openstreetmap foundation could certainly with such a claim to information just be confronted with the motto I am the owner of the property
street 1 what information have over me and then you can We will have the delivery back information there on coordinate son so is the house with the address had to street 1 finished so the information value keeps within limits and thereby likely then the whole thing in fact within bounds keep well contradictory I had already mentioned running in the end i said on one Beyond that, and I had too said at or the affected always has a claim for reimbursement of his personal data so if someone complains and says mine house number is no longer four liege the circle has the house number new ordered a house number is now sixth then we have to correct that claim that the data is correct are and persons available is so ne We also noticed house number So here again the deletion claim
I had explained weighing and then look [Music]
Well, we are basically at the end what can be said so are two
we also use the address mapping and the video mapping when we are in Take a train in the area of Person related data because it can can cars drive into the picture where we fcc mark detection can house numbers be related to persons yes and everything we just else is funny capture up businesses medical practices, etc just when there are just owner names we stand in the area of personal data but there is still nothing lost because we say then simply legitimate interest in processing of personal data information the interests of affected do not stand against it because it
everything is free from the street area recognizable exceptions possible many things then we just do it on the tactical level but on the tactical level if one is now specifically addressed Maybe you can only hope for that that the guard does not respond exactly knows what in the privacy policy reason regulation in it and with it Satisfies that he explains what openstreetmap does and you can not belongs to the bad guys and in principle only the best for the world wants well with it
we are through with the privacy I hope I could do that a bit
to take the fear or clarify what it's what you might go for I have to pay a little attention I'm at the end [Applause] so and now maybe one more or other questions we are still very good you are folk so thank you very much we So we have that up first This trip was taken piece by piece So it looks so bad for us more was not really enough I think does anyone have to ask So let's take a look at the Herr Doctor son so that his practice in there now Open street map recorded in the database is who has yes if I'm right understood after the dsgv good right then that that deleted from it becomes So at least then if he has his practice certainly or certainly, of course So if he means mine then we want that as mekka of course also have but clearly So you have to look at someone says that should be deleted we have to ask why do you want to delete it yes, because I have the practice I've just done that with doctors, such a borderline a where you just ask why do you want to be deleted well I operate in my practice or or there are also abortions or something always city ??????like that and then it gets difficult not then the balance tips over a bit too much in his favor then you should not continue discuss out with the thing so there worth the effort and annoying you then rightly want to use not in the other case is it there to say that yes, yes, there is a legitimate interest on our part therefore remains the doctor in it then just let michael maybe problems are resolved or Oh, first here I have 22 cases that interest me and then would have I notice him but maybe too the others so i have one Construction gap had in my village the Stei??linger on Lake Constance and around are in the cadre of maps vw that is yes in baden w??rttemberg is released there Cats inside and you can do without sign off and then I have the building gap after eye on my paper on the board sketched the house and then naive how I was ringing and then came there out we also had one Preliminary I must honestly say and then but I said yes me I have it now I am with the house numbers I have your house yet registered and there he has mine my has beaten out of his hand what else do I say here ? I do the police after house numbers and if the house in openstreetmap in it is he showing me give them a smile I said so like to call the police and his house I made it out again because of me He lives around the corner and I wanted to go with him it's not social to him that's not open street map problems on good you should also neighborhood if necessary, take into account that you just with any people the privacy is not have understood and then think they have all the rights of the world that can one always happen because you can also nothing against makes good other case this p from the parking is mine now in two places pushed open that when our car park and on In one case I said no that Company owners thought that was great and good since then an open street map fan become and but in the town council said something how do you get there public? Parking and then as me another community happened too just an area where cars were I lived and then as a parking lot marked and with the community house new very positive correspond that they are just quickly out again that's one private property and there I have Of course, it is agreed immediately not that ks then just a wish the community so we are not on the criteria bound the takes community where they public parking spaces is so bad at all no problem and one data protection problem and that the third remark is when you see the I still remember Switzerland Here if you only have a remark if you run over the border on the German side is if you are allowed the landlord that the Data protection regulation is not allowed and then you go on is in the canton schaffhausen sees the border yes also difficult and there it is swiss federal law that each of the wants to learn who the owner yes other countries govern others so that is completely normal that we have in the federalism even on a small scale the state data protection authority in saxony pers goes off right and says if she does cadastral data so listen to those are I'm not doing that next please ask So Saxony lingering is why at all things very special so if it is Michael also deals with geodata thereby before a statement made to upload theme from eg pictures where License plate on it you person gives it a problem if you go all the way up invites to pixelate a whole again clear legal answer it depends on in principle not in principle so not so far is now no privacy advocates go and now He also said he had it for him yes there are still people for the is based on the brand and the color and the Background recognizable next to the heard So no, no such picky are none Data protection authorities so then it would yes google street view not anymore give what we can do in principle You can also do it then always at least one to one like that I had another question for now it would be the right bearer from openstreetmap so for example if not now sees the house number would have registered again but maybe someone else and after that he still would have been angry He can sue because he sued the openstreetmap foundation contract has submitted the concrete epr who is so to speak the so if it is a legitimate one has interest that are data to example is deleted from the circumstance that with web database is worth the first complain of the data always the Data Processor is responsible for that If this date in the
openstreetmap database in there is then is in principle the openstreetmap foundation responsible for that then it must be looked at is a deletion claim or not to be separated from it then again the thing when you're at home there are still almost photos of the mapping you still responsible but you will not doubt yourself come or Only if that is very picky and says yes I know what used that is yes well then delete it then it is good So you have indeed in the data protection law a claim for damages for material and immaterial damage but the one who is virtually in the is not calculable in what we do there there is no harm so if there any health acts in the internet then stand the affected in very high intangible harm if the house number why too always unfairly result however just hypothetical as an example unauthorized way somehow that was supposed to have been processed first prove damage to someone so is utopian what you still have to also differ data civil damages and trouble with the data protection authority and Data protection authorities see themselves in First line as a consulting institution that is if the data protection does not seriously infringe Malicious or something like that is then advise the first time only one if one say okay Sorry I did not know I do it differently now I have everything deleted then they are satisfied these fall not really where you are beuteschema we are too small and for that For us, this data is ship basic arrangement also not made though she fits a lot of fashion loudly for us but we are not really that beuteschema where is where two know So he stood right here openstreetmap foundation has in england i thought yes that will now but know with the tracks is not ours problem ok and a second question does not quite fall so has a reference I think definitely from one part the usm data is recorded in the eg middle pictures are viewed now I asked myself set in the lecture so come out can be such data as on photos their speed will be uploaded more but as with memory, a much larger one style is made capture and upload with the reason one has one legitimate interest Freedom of information yes why had to then google that many years ago Build a picture and why does that have to be need me for such is not the in doubt even if someone is complains that's just saying then the milder remedy one Deletion because that's just the person because you can say in a photo you can if necessary, also on the resident or the characteristics financial income etc tap and there comes again this far scope of the personal date that you just go out to house facade if necessary already In any case, statistical statements about the residents or owners can meet that's the problem with the thing and for google is just a lot easier say okay then we'll stop it pixelate as saying that we complain now through all instances and you know yes, whatever comes out say the make we are not a problem if you are so happy, be nice Many Thanks thanks for the lecture how it looks if data should be deleted but of course the dates in the history of openstreetmap still no or from someone already downloaded that would be a question and the other question we can ask that make Now I can not remember that's it maybe a smaller problem so if somebody gets the data Subject and its own record he is responsible for the record and if not current is or contains anything illegal then he has to be data protection law behave in compliance and ensure that that everything is all right how is that now with the story Everybody has the problem company if it makes backups and there is generally accepted keyword Life meets reality when you say it Well, the backups are then somewhere inaccessible in the closet and there actually comes in principle no one is almost as good as that delete so now we have that public so i would be me then first legitimate capitulation interest and factual possibility that to erase and freedom of information and So that's there I would go to the ball wait until the really relevant will and then see what's on it So that's a hypothetical one I think we're talking because we already relatively low-threshold personal reference with information capturing so second question thanks also for the reference to the backups at companies that was just that makes me have asked the second question is you are always of it assumed that the people meppen what is also provided for what happens if people have high personal data just like that in the database so write a person the For example, there could be certain illness or something So what actually but no meaningful but has been registered then would have actually the person of the mother of it has entered trouble with the data protection agency because he just inadmissible any private has published information and the osm it should then as soon as that hofer will cancel or cancel the shutdown violate the privacy policy Michael Hirsch had mentioned that before Data deleted after processing should be as it now looks like the example photos and we have to meppen ii zb upload with the app hillary the after then delete it when you delete it I do not just have to know that's it then this consideration was beside the purpose deleted at the latest when you say yes, now probably that has so much changed that's gone but so has that depends on the concrete argumentation from the abdomen as I said that's nothing I would say after no later than Two years away and you could go how often does google endanger the region ? and be guided by it So depends on the individual case of the But there you are you have to if you have uploaded it then do not worry about that then delete at least that's what it should be Shooting date or something in somehow the files are available to that they can orient themselves but in the Doubt you can also contact the upload date orientate is dull bellamy also has a company behind it So they do not have to be on anyway their website indira privacy statement exactly such things define they must have the privacy statements if they really should do it and and internal is anyway document in your procedure Signs are similar but they look We will not get those only data protection gets on only the Data protection supervisor when it calls on yes, there is still a question one would Maybe I'll leave it if not then we thank Falk that he understood that and so well understood has made