Facts

The Federal Supreme Court ruled in a case between the Federal Data Protection and Public Access Commissioner (FDPAC) and Google Inc. and Google Switzerland GmbH on the admissibility of publishing images on the Google Street View platform. The FDPAC had instructed Google to ensure that the images used in Street View are only published if faces and license plates are completely anonymized. Furthermore, the anonymity of persons in the area of sensitive facilities such as women's shelters, nursing homes or schools should be guaranteed, and the private sphere (fenced-in courtyards, gardens, etc.) should not be recorded. Google resisted these requirements. The Federal Supreme Court ruled that a small error rate of approx. 1% in the automatic anonymization can be accepted if Google meets various criteria: - Google must strive for complete anonymization with all technical means and continuously improve the anonymization software. - In the area of sensitive facilities, further anonymization must be carried out so that in addition to faces, other individualizing features such as skin color or clothing are no longer recognizable. - Recordings from the private sphere (fenced-in courtyards, gardens, etc.) that are not visible to passers-by may not be published. Images from such areas that have already been published must be removed. - Google must create an easily usable objection option for those affected to correct inadequate anonymizations. This option must be regularly publicized in the…