Urteil: Gericht untersagt Bilder von Grundstück bei Google Maps

A German court has ruled that photographs of a German property cannot be published on Google Earth or Google Maps without the landowner's consent. The decision was made by the Landgericht in Frankfurt am Main. The ruling states that no one should have to accept aerial photographs of their residential property being widely disseminated globally without their approval, especially when areas that were previously out of public view are included.

The case stems from a father who owned a house in the German capital and had previously successfully fought to obscure images of his home on Google Street View and Apple Look Around. In the current case, he has now opposed the publication of images of his property on Google Earth and Google Maps. Google obtains the map data via aerial and satellite imagery.

The court notes that the current aerial photographs also show the rear property area, which cannot be seen from the street by passersby. The situation is aggravated as Google acquired its map data secretly through "eavesdropping." The high-altitude aerial photographs were not announced in advance and went unnoticed by the affected parties.

It is therefore impossible to cover individual areas of the property to hide them from aerial reconnaissance. Google cannot successfully invoke the freedom of information for internet users. "Google uses its services to feed the adventurous spirit of humanity that wants to explore the world, even digitally," the court said. "By doing so, Google strives for the democratization of knowledge and a transparent information society, which is legitimate.

However, this purpose is not protected because the adventurous spirit is exhausted by satisfying curiosity or unlawful intentions such as preparing a burglary. The judgment is not yet final.