- The FDPIC is responsible for data protection issues relating to Google Street View and assesses compliance with the protection of privacy.
- Automatic anonymization must correspond to the state of the art; up to approx. 1% of insufficiently anonymized images tolerated, post-processing on display.
- Complete anonymization before connection for sensitive facilities; special protection obligations for schools, hospitals, retirement homes, courts, etc.
- Images of protected private areas (over 2 m) may not be published without consent; transitional period of up to three years.
BGE 138 II 346 i.S. Google Street View (in addition also swissblawg):
Regalia
Data Protection Act, Art. 28 et seq. ZGB; guarantee of the protection of personality in the publication of personal data in Google Street View.
Competence of the FDPIC (E. 3). Concept of personal data in relation to the images used in Google Street View (E. 6.5). Data protection regulations for the processing of personal data (E. 7). Concretization of the protection of personality guaranteed in Art. 28 CC by data protection law, right to informational self-determination and right to one’s own image (E. 8). Consideration of general principles of data protection law (E. 9).
Weighing of interests with regard to the question of whether and to what extent the processing methods as a whole are suitable to infringe the personality of a large number of persons: It is accepted that at most approx. 1 % of the images reach the Internet in an insufficiently anonymized form and that recognizable persons and vehicle license plates are only subsequently made unrecognizable manually upon notification of the persons concerned (E. 10.6 and 10.7). Obligation for efficient, unbureaucratic and free subsequent anonymization (E. 10.6.3 and 14.4). The prior automatic anonymization must be continuously adapted to the state of the art (E. 10.6.5 and 14.1). In the case of sensitive facilities (schools, hospitals, old people’s homes, women’s shelters, courts and prisons, etc.), complete anonymization of persons and identifiers must be carried out before posting on the Internet (E. 10.6.4 and 14.2). Images of private areas such as enclosed courtyards, gardens, etc., which remain closed to the view of ordinary passers-by, may not in principle be published without the consent of the persons concerned, insofar as they were taken from a camera height of more than 2 m; transitional period of max. three years for the removal of images already posted which do not comply with this requirement (E. 10.7 and 14.3). Obligation to inform the media in general about the possibility of objection and specifically about upcoming recordings and uploading of images (E. 10.6.3, 11 and 14.4).