German Court Rules Google Earth Violated Homeowner's Privacy With Aerial Photos of Frankfurt Property

A state court in Hesse, Germany, has ruled in favor of an unnamed Frankfurt homeowner who sued Google over aerial photographs of his property published on Google Earth and Google Maps. The court found that Google obtained the images by "spying" on ordinary people, since property owners are not told in advance that their homes will be filmed and photographed, and therefore never give consent for publication. According to Deutsche Welle, which reported the decision on Tuesday, the judges held that Google violated the privacy of the man and his family, and that a person's right to privacy covers the entire parcel of a home rather than only its interior. The ruling states that nobody must accept worldwide publication of aerial images of their property without consent, at least where areas hidden from public view are concerned, and that the data revealed — the size and design of a property, along with potential weak points in its security perimeter — is personal and offers clues to private lifestyle. Google's argument that Google Earth and Maps democratize knowledge was rejected; the company cannot invoke freedom of information to justify intruding on privacy, the court said. An appeal remains possible. The plaintiff had earlier sued to have images of his Frankfurt home removed from Google Street View and from Apple's Look Around service.