Repression taz
Surveillance with cell phone speed cameras: mass surveillance against cell phones while driving
The Minister of Transport wants to enable video surveillance against cell phone use in traffic nationwide in order to prevent accidents. Legally, this is complex. more...
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The risk of accidents caused by cell phone use while driving should be reduced through more monitoring. "More than 1,000 accidents occur every year due to electronic devices such as cell phones behind the wheel - and the trend is rising. That is clearly too many," said Federal Transport Minister Steffen Bilger (CDU) to the German Press Agency. That's why he wants to create a nationwide regulation for so-called "cell phone speed cameras".
This “monocam” technology is set up on highways, for example, and creates a live stream that is evaluated by an AI. License plates and drivers are recorded and checked for certain patterns in order to detect cell phone use while behind the wheel. The AI-selected hits should be finally analyzed by a human. Data of all other road users will be deleted.
Anyone who uses a cell phone while driving is committing an administrative offense. Authorities in Rhineland-Palatinate have been using the monocam since April 2025. According to the State Ministry of the Interior, 950 violations were registered in six months. The measure is primarily intended to reduce the number of fatal traffic accidents.
A new regulation in the state police law refers to danger prevention. But, as the progressive constitution blog criticizes, among others, based on a ruling by the Koblenz Higher Regional Court (OLG), the deterrence only works here because the administrative offense is punished. This represents a form of criminal prosecution; only the federal government has legislative authority for this.
The Higher Regional Court speaks of an “unlawful collection of evidence” because the surveillance requires a “fact-based initial suspicion”. This illegally collected evidence should therefore not be used. This means: Based on the video material, drivers may not be fined between 100 and 200 euros.
The Koblenz Higher Regional Court criticizes the use of monocams as “mass surveillance without cause” that encroaches on road users’ right to informational self-determination. A law at the federal level would have to provide a legally secure basis for this mass surveillance.