> I think the main problem is that Germany does not have a constitutional equivalent to the U.S. Freedom of Information Act (FOIA). Instead, each federal state and the federal government have fragmented information access laws, often with broad exemptions for official secrecy.
At first sight, I don't see how the FOIA is much different to the Informationsfreiheitsgesetz (freedom of information law). https://de.wikipedia.org/wiki/Informationsfreiheitsgesetz
Isn't the FOIA also applied on the federal level?
> In Germany, you are generally not allowed to film law enforcement
I think this is misleading. It's not especially prohibited. Generally, law enforcement enjoys the same rights as everyone else, that is having a right to privacy and the confidentiality of the spoken, non-public word. You can't film law enforcement folks preemptively, or without cause, if they have the reasonable expectation of confidentiality of the spoken word. If law enforcement is breaking the law, you are allowed to collect video evidence. In any case, you are not allowed to publish non-public video recordings or pictures of anyone, taken without explicit, or implicit consent. Public or non-public here means the implied confidentiality of communication, not necessarily where it happened. Eg. talking on a public street doesn't make every conversation public.
Mind you, in Germany, illegally obtained evidence isn't as easily dismissed as it is in the US. If you record the police without cause (illegally) and they happen to commit a crime, your recording isn't tainted evidence as far as I know, but rather you may (if indicted) face legal consequences yourself, independently. Again, publication is a completely different matter.
Legality of video recordings is pretty much irrelevant, regarding the legal power dynamics you described, as the police could just confiscate your phone and find some excuse for destroying the evidence. Independent oversight seems more important to address this.
On the other hand, I do think law enforcement should enjoy privacy, generally, as everyone else. I don't think, having a camera in your face with every interaction is helpful for anyone, all things considered, but would rather aid escalation and discourage leniency. Constant video surveillance just sucks, no matter who is doing the recording.
You think that law enforcement should enjoy privacy in the course of their duty and in public, so I guess you are against body cameras then.
Also you say that my information about filming law enforcement is misleading, but then you make a legal analysis and conclude that even when you consider all these facts, you can still be charged for illegally obtained evidence. For me, what you describe is very much the same as it is not allowed to film law enforcement by de facto.
> You think that law enforcement should enjoy privacy in the course of their duty and in public
Yes, law enforcement officers should be allowed to have e.g. confidential conversations with each other. Just like you do (or should have) chatting with your work colleagues.
> so I guess you are against body cameras then.
I am conflicted, because I don't want to be filmed during police interactions, either. It really depends on the legal setup. If they are mandatory, encrypted, only readable with a court orders, always on, not fed into the general surveillance stream (AI shit, face recognition), reliable and tamper proof, I am in favor of them, I guess. That is, if they are useful to hold officers accountable, as well. Pretty utopic, tho.
However, regarding the officers privacy they are fundamentally different than a right to film law enforcement without cause, in any "public" situation.
> For me, what you describe is very much the same as it is not allowed to film law enforcement by de facto.
Yes, but not because they are law enforcement. You can also be charged for illegally filming anyone else.
Eg. dash cams as used around the world are also not legal in Germany. They have to be constructed to loop a short time interval and only retain the recording in case of an accident. You can't continuously record traffic or public life in Germany.
Personally, I think it's quite awesome you got legal leverage against someone filming, or surveilling you against your will.
I get where you're coming from. The dashcam example is a good illustration. Body cameras work in a similar way, since they do not continuously save all footage but instead record in a loop and preserve material only when triggered by an incident. That makes sense, because it provides immediate video evidence of what has happened.
I also agree that law enforcement should be able to hold confidential conversations. That is why body cameras come with an option to be switched off, giving officers discretion over when to record and when not to.
The real problem, however, is that in Germany there is no legal foundation for filming in the other direction. If you believe an officer is misbehaving, you are generally not allowed to record the misconduct. Even if the device operates on a short loop and automatically deletes older footage, an officer can still legally instruct you to turn it off. That creates a significant issue.
In the United States, it would be unthinkable for law enforcement to approach a journalist or cameraman in a public space and demand they stop filming.
> That is why body cameras come with an option to be switched off, giving officers discretion over when to record and when not to.
See that's the problem. I don't want convenient malfunctions and "Uppsie, forgot to switch it on". If it doesn't cut both ways, then there is very little benefit IMO.
> If you believe an officer is misbehaving, you are generally not allowed to record the misconduct.
I think, you are allowed to record illegal acts by the police, or anyone (to collect evidence, not publish/share). It's a bit like a citizen arrest... you are liable for misjudgment of the situation. And plenty of people started filming before anything illegal happened. But in any case, I don't think legal consequences are too severe, so when in doubt deactivate biometric unlocking, press record and keep your distance.
The real problem is... the police got the power. If they are dicks, there is little you can do about it. Legal or not, if they get you, you lose. Legal or not, if you get away, there is a chance for justice.
Far, far more important than recording, would be truly independent investigations into police misconduct and violence, better witness protection for inside sources and harsher punishment for covering/lying for your colleagues.
> In the United States, it would be unthinkable for law enforcement to approach a journalist or cameraman in a public space and demand they stop filming.
Does this happen in Germany? Never heard of it and I doubt it's legal, if it happens. AFAIK in the US anyone can record anyone in public, no?
Finally, I think it's important to acknowledge the vast, vast difference in police violence between the US and Germany. Cops tend to be dicks everywhere, but it's not even the same sport in comparison. So does the recording help? I've seen plenty nasty shit bodycam footage and consequences are rare, aren't they? At this point, I don't see much pressure for recording reforms in Germany, tbh. Independent investigations is far more important.
> Does this happen in Germany? Never heard of it and I doubt it's legal, if it happens.
Yes, it does happen, mostly to YouTubers who are filming in public, which is perfectly legal in the U.S. These YouTubers are legally speaking independent journalist, they do not work for a big news organization, but work for themselves and investigative with their own cameras in public, again perfectly legal in the U.S.
In Germany the police has stopped famous YouTubers in the past for doing so. There is plenty of discussion on that on social media.
One quote from the community: "Yes, German regulations are the strictest in the free world."
https://www.reddit.com/r/berlin/comments/8eslik/comment/dxxp...
Related Topic from news media coverage: "The US [human rights] report claimed there were serious restrictions on freedom of expression in Germany"
https://www.dw.com/en/germany-rejects-us-censorship-claims-i...
So it is indeed an issue and the public is already aware of it.
Oh, boy...
If "YouTubers" are journalists, then everyone is a journalist. The point about proper press is, they know what's allowed and what isn't, when you need to ask for permission, when to blur a face.
> So it is indeed an issue and the public is already aware of it.
Am I the public? Cause, I am super happy people can't just film and publish me walking in public. I have to get out, to get food, to work and stuff, doesn't mean my life is a public affair. Considering AI and big data, I am extra happy about "these strictest regulations in the free world". Speaking of, there is no freedom under surveillance and Germany is kinda an authority on that matter...
Or is JD Vance the public? Lol. Got a problem people can't express themselves here, like they did in 1933, but sure on US' doubleplusfree turf, trans people got outlawed, "DEI" folks erased from history and people expressing tattoos, or melanin are getting kidnapped by blessed masked men in unmarked vehicles. You can fly the NSDAP flag in the US, but can't disrespect the American one, cause that's inciting violence. Classroom bible, but empty shelves in the library, under his eye. US human rights report calling out people protesting the genocide as credible reports of antisemitic violence – well, let's call some reporters in Gaza to confirm these allegations... weird, no one is picking up. Funkloch or F-35? Did the US also object when the communist party got banned here? Verfassungsfeind-schmeind, says Werner von Braun. Bit one sided and oddly programmatic this report, don't you think?
And reporting live from Minneapolis, just because something is perfectly legal in the US, doesn't mean it's best practice. Tomorrow, crisis actors caught in 4k by an independent journalist...
It ain't all bueno in Germany, not at all, but the US most certainly isn't the gauge for anything.