License Plates & Data Security: Which Rules Apply When Capturing License Plates?

Whether you are entering a parking garage or leaving your car in a monitored lot, license plates are often visible in everyday life. But are license plates actually protected under data security laws? The answer is a definitive yes. Here, we explain what you need to know about the practice of recording license plates in parking areas and the legal framework for private recordings.

Are License Plates Considered Personal Data?

Vehicle license plates are considered personal data according to Article 4 of the General Data Protection Regulation (GDPR). The reason is that a license plate can be used to identify the vehicle's registered keeper. Thus, the license plate is not just a purely technical feature, but it is subject to data protection.

This means that any processing of license plate data – such as its storage or transmission – requires a valid legal basis. Without a compelling reason, which may include a legitimate interest, a contract, or explicit consent, storage is prohibited. The protection of personal data must always be balanced against other legitimate interests, such as ensuring physical safety in road traffic or maintaining public security.

Parking Violators & More: Are Private Individuals Allowed to Capture License Plates?

Whether recording a license plate in a private or public setting is permissible depends on the specific circumstances and the purpose of the recording:

• Private photography and social media: When you take photographs in the context of personal or family activities where a license plate is captured incidentally, this typically falls under the so-called "household exemption." In such cases, the recording is generally unproblematic from a data protection standpoint. As long as there is no targeted infringement of personal rights in the images, they may also be shared on social media, provided the publication is for purely personal and non-commercial purposes.
  
  
• Capturing license plates due to illegal parking: The situation becomes more complex when a private individual photographs the license plate of an illegally parked vehicle. If the plate is recorded for the purpose of reporting an administrative offense to the competent authorities, the action moves beyond the private sphere. The Administrative Court of Ansbach has ruled that this may be permissible under certain conditions – for instance, if the photographer is directly and personally affected (such as being obstructed in a no-parking zone). In such scenarios, a "legitimate interest" as defined by the GDPR may apply.
  
  
• License plate capturing in parking lots: The GDPR applies equally in this context. The automatic recording of license plates in parking lots or garages is only permitted with a valid legal basis, which the operator must be able to demonstrate (for example, to enforce parking regulations). Furthermore, strict requirements apply: data protection notices must be clearly displayed, and continuous video surveillance is prohibited. In addition, after scanning the license plate, data is stored with a delay (after a certain grace period) if the area is left without a parking process. This ensures data protection-compliant usage. If no parking has taken place, storage and processing are not allowed.

How We Implement Data Protection in License Plate Recognition

At Wemolo, we combine modern parking management technology with the highest standards of data privacy and security. In doing so, we strictly adhere to the core GDPR principles of data avoidance and data minimization. This means we only collect data that is absolutely essential for the monitoring and administration of parking facilities.

In practical terms, this means that upon entry, a vehicle's license plate is automatically captured and a timestamp is set. Upon exit, another scan with a timestamp is performed to precisely determine the parking duration. The collected data is used exclusively for processing the parking transaction and is automatically deleted within the statutory periods after completion of the compliant parking process.

Our license plate recognition systems are provided from a single, integrated source. This enables us to guarantee consistent and rigorous adherence to the data protection requirements of the GDPR. Furthermore, our implementation and fulfillment of these data protection requirements are regularly audited and certified by DEKRA.

Therefore, you can be confident when managing your parking spaces through us – your data and that of your users are in the best hands with us. The automatic license plate recognition we use at Wemolo is fully compliant with data protection laws and meets all GDPR requirements. You can be assured that every aspect is legally sound and secure.

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Professional Data Protection for License Plates: Our Core Principles

• Protection of privacy: Our scan success rate is 99.9%! However, individuals and public areas are rendered unrecognizable through pixelation or masking. The only element that remains clearly visible in the final record is the license plate itself.
  

• Data processing: We store license plates and timestamps for billing and contract fulfillment. This storage is strictly purpose-bound. Continuous video surveillance does not occur. Personal data is only transferred to third parties if there is a valid legal basis for the disclosure.

• Data retention periods: Personal data is stored only until the purpose of collection is fulfilled or as legally required. Timestamps and license plates from compliant parking transactions are therefore automatically deleted after 24 hours. If invoices have been generated, these are stored for 8 years, but the associated data is deleted immediately. In cases of violations of contract and parking conditions, we store the relevant data for a period of 3 years (standard limitation period). Invoices or receipts are stored for 8 years in accordance with legal retention obligations and will be deleted afterwards.
  
  
• Access Rights: Only authorized, trained employees have access to personal data, based on an internal access rights and authorization policy.
  

• Legal Basis: Data processing is conducted on the legal basis of legitimate interest (Article 6(1)(f) GDPR) and for the fulfillment of a contract (Article 6(1)(b) GDPR). Data collection and processing are limited to what is necessary (Art. 5 GDPR) and are made transparent through clear signage on the premises.

• Security: We uphold high security standards through measures including SSL encryption, the absence of video surveillance, regular system maintenance, and DEKRA certification.

Your Rights Regarding License Plate Data Protection

If your license plate has been captured as part of our parking management services, you have the right to access, deletion, rectification, and objection under the GDPR. To exercise these rights, please contact our data protection office. The contact details can be found in our official Privacy Policy.

At Wemolo, we ensure that the data protection of license plates is a top priority and that personal data is always protected to the highest possible standard.

If  you have any questions, our data protection experts are happy to assist you!

FAQ: License Plates & Data Protection

Are License Plates Personal Data? 

Yes, license plates are considered personal data because they can be used to identify the vehicle owner. As such, they are subject to the requirements and protections of the GDPR. They may not be collected or stored without a clear legal basis.

Is Automatic License Plate Recognition Compliant With Data Protection Laws? 

Automatic license plate capturing is GDPR-compliant if it meets the strict legal requirements. Adherence to the GDPR is crucial, particularly regarding a clear purpose limitation, transparency, and proportionality. This applies especially to the storage, processing, and potential transfer of the collected data. Wemolo takes data protection very seriously and does not share data with unauthorized parties.

Are Companies Permitted to Store License Plates From Their Parking Lots?

License plate recognition in parking garages and parking lots is permitted. Under GDPR, parking operators may record license plates on private property using automatic recognition systems, provided they have a legitimate interest or another valid legal basis. Requirements include allowing a grace period for entry/exit without parking, displaying clear data protection notices, and ensuring the immediate deletion of data after a compliant parking session.

Is It Permissible to Photograph a Third-Party License Plate? 

If you are directly affected by a parking violation or another offense, a legitimate interest to record the license plate may exist. Nevertheless, caution is advised, as this involves a sensitive legal assessment. Incidental snapshots where license plates are visible are typically covered by the GDPR's "household exemption."

Why Is It Not Allowed to Publish License Plates?

License plates are considered personal data because they can be linked to a registered keeper with reasonable effort. Their publication may constitute a violation of the GDPR – except within the scope of the so-called household exemption, for example, in purely private photos without public purpose or dissemination.

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