Data that is initially collected for the purpose of protecting against infection and which must be provided by those affected prior to visiting restaurants, accommodations, leisure facilities or events and concerts, is used in many cases as part of police investigations if necessary. The possibility of law enforcement authorities using this data for their own purposes is largely permitted by applicable law.

However, this happens despite the fact that the individuals are, in many cases, not aware of this additional purpose for processing of their data.

Per the Hamburg DPA, a solution to this unsatisfactory and legally uncertain situation is in the hands of the federal legislature. It alone can limit law enforcement access to criminal cases with at least significant importance. The rule of law will not suffer any damage if law enforcement authorities do not have access to the recorded data of customers, guests or other visitors for every minor offense.

Details on law enforcement access to contact tracing data from the Hamburg data authority.