Private video recordings can potentially serve as evidence in civil proceedings, according to the Local Court of Munich (AG) in its judgment of June 6, 2013 (Az.: 343 C 4445/13).
Cologne, Germany -- (SBWIRE) -- 08/28/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: The Court explained in its reasoning to the, not yet binding, judgment that it essentially depends on the interests of the parties involved whether the private video recording could be used as evidence. The conflicting interests must be weighed up. In the instant case, it could be permissibly used because the video recording was meant solely for private interests at the time of recording and therefore no particular purpose was being pursued.
The Court clarified that this kind of video was not prohibited, as the recorded persons were captured accidentally. It compared the video recordings with holiday photos in which other persons end up in the picture by chance, something that can happen to anyone and everyone is aware of. These types of photos are socially acceptable and not prohibited, according to the Munich AG. The Court further assumed that these persons, who have no relationship whatsoever with the originator of the photos, remained anonymous and hence there was no legal infringement. In particular, a derogation of the basic rights would only come into question if such a picture were made public against the will of the pictured persons.
While the Court was faced with a case of a video having been made public, the interests between the parties involved had changed and an interest in preserving evidence, e.g. also for photos taken by a person involved in an accident after it takes place in order to preserve evidence, was acknowledged by the case law. In the view of the Court, neither the point in time at which the evidence was preserved, i.e. before or after the accident, nor the purpose of the photos or, as the case may be, recordings as evidence or not make a difference to the admissibility of their use.
Lawyers can help with the conduct of a case, in particular by highlighting alternative approaches in certain circumstances and in doing so or at any rate enforce claims.
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