The key facts

  • The Hesse court sided with a Frankfurt resident in the lawsuit against Google
  • Publication of aerial images of the property without consent was ruled a violation of privacy
  • The ruling may be appealed

Hesse court ruling

The regional court in the German federal state of Hesse ruled in favor of a Frankfurt resident who sued Google over the publication of images of his house and property on Google Earth and Google Maps. Earlier, the man had already succeeded in having images of his property removed from Street View and Apple Look Around.

The court's arguments

The court ruled that Google violated the privacy of the plaintiff and his family by publishing aerial photographs of the property. In the court's view, no one is obliged to tolerate the worldwide publication of aerial images of their property without consent — at least with regard to areas hidden from public view. The plaintiff's personal space extends to the entire property: the images reveal details of private life, including the size and design of the property, as well as potential vulnerabilities in the security perimeter.

Remarks on Google's methods

The court also noted that Google obtains images through 'spying,' since it does not notify property owners about the photography. In addition, the court pointed out that, despite Google's statements about contributing to the democratization of knowledge, the company cannot invoke freedom of information to justify intrusion into private space.

Next steps

The court's decision may still be appealed.