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As early as July, it emerged that the Bavarian police are using the address lists of restaurateurs to investigate. At the time, the Interior Ministry said only for serious crimes and emergencies. But that was not true.
New data is available in the debate on the use of the restaurant industry’s Corona guest lists for law enforcement purposes. In mid-July it became known that in Bavaria, in at least ten cases, the data that must be provided when visiting a restaurant was accessed and that it is actually intended to trace possible chains of infection for investigations.
Following the criticism, Interior Minister Joachim Herrmann (CSU) emphasized that citizens expected the police to do everything possible to protect themselves within the framework of the legal system and “not put their hands in their laps under the guise of protection. data misunderstood “. At that time there was talk of serious crimes and emergencies as an occasion. Detailed information from the ministry shows that there were two dozen cases (up to a reference date in late July), including crimes that are more likely to be classified as misdemeanors.
The Interior Ministry responded to a request from the leader of the FDP parliamentary group, Martin Hagen, the answer is that Süddeutsche Zeitung In front. Thus, a total of 24 accesses to the restaurant lists involved both “repressive” and “preventive police” procedures. They affect almost all regions of the Free State, but the focus is on the areas of responsibility of the two police chiefs in Munich and Upper Bavaria South (based in Rosenheim), with a total of half of the two dozens of cases.
The data was used by the State Police of Criminal Police, it was about drug trafficking as a gang. In addition to manslaughter and manslaughter, felony robbery, or dangerous bodily injury, the list also includes less serious crimes: such as name-calling, unauthorized removal from the crash site, and robbery. Three cases concerned searches for missing persons. No criminal proceedings were started at the end of July. The Ministry emphasizes the “consideration of the principle of proportionality”, there is no obligation to notify those guests whose details have been consulted.
These accesses were also known in other federal states.
The FDP man Hagen sees his suspicions confirmed at the time: not only was guest data accessed in exceptional cases of particularly serious crimes, but also in the event of a hit and run; In addition, based on the response, data from passersby was collected and stored. “I think it is very problematic. These guest lists were introduced exclusively to combat pandemics. Any misuse destroys the confidence of citizens in the action of the government and the acceptance of the rules of the crown.”
Police access to such data was also known in other federal states. In July, the representatives of all the opposition parties in Bavaria were outraged. “A publication without a court decision is not legally responsible,” said Florian Ritter, a member of the SPD. Upper Bavarian AfD district president Wolfgang Wiehle said: “Clean data protection law? Probably hardly. Politically scandalous? In any case.”
The leader of the green parliamentary group, Katharina Schulze, advocated for uniform rules at the national level with corresponding law, to create clarity that the data “cannot be used arbitrarily, but only for explicitly defined research purposes.” Hagen warned that the misappropriation led citizens to deliberately provide false information: “If in the future only Max Mustermann and Mickey Mouse enter the restaurant, it will be impossible to trace the chains of infection.”
