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As a general rule, images of a person may only be disseminated with that person's consent. Disseminated also includes disclosure to authorities or courts. A violation of this constitutes a criminal offense.
In some court rulings, not only the dissemination of secret recordings was deemed inadmissible, but also the taking of secret photos or film recordings.
However, openly visible surveillance cameras that only record one's own property are permitted.
However, a surveillance camera that is constantly filming is problematic. Here, bystanders can be recorded, and thus the images would not be usable as evidence because of the protection of the personal rights of those not affected.
As long as the camera is only directed at one's own property and this is visible, the recordings can be used.
In general, however, there has also been a change in case law regarding the use of surreptitious photographs in proceedings for the protection against violence. This also includes stalking proceedings.
The Federal Court of Justice stated that a weighing of the mutual interests must take place. It is therefore examined individually in each proceeding whether secret recordings can be used as evidence. And several rulings have already been issued in favor of stalking victims. The Saarland Higher Regional Court allowed the use of the secretly recorded film footage. The court considered the encroachment on the stalker's right of privacy by the recordings to be justified ( Germany Az.9 UF 73/10).
Stalking victims also have the possibility to refer to publicly accessible photos of the stalker in social media, such as Facebook or Instagram. Thus, no personal right is certainly affected. It is important here that all incidents are precisely documented with date, time and possible witnesses.