Berliner Bäder-Betriebe may continue to carry out ID checks in its swimming pools and monitor entrance areas by video. This was decided by the Berlin Administrative Court, which overturned a warning issued by the Berlin data protection officer (Ref.: VG 42 K 73/25 dated 6 May 2026).

The background to the proceedings were numerous security-related incidents that had occurred in Berlin's summer pools in the past. Following threats, physical attacks and several evacuations of individual pools, Berliner Bäder-Betriebe introduced a security concept. This included not only ID checks for bathers aged 14 and over, but also video surveillance in the entrance areas of some pools. Berlin's data protection officer deemed the measures to be in breach of data protection regulations and issued a warning to Berliner Bäder-Betriebe for violating the GDPR.

However, the VG Berlin ruled that the measures were permissible under data protection law. The ID checks and video surveillance were suitable for curbing aggressive behaviour and criminal offences. The interference with the right to informational self-determination of bathers was comparatively minor, as the ID checks were not documented and the video recordings were deleted after 72 hours. The protection of life, health and freedom, which is achieved through the ID checks and video surveillance, is to be rated higher overall than the interference with the right to informational self-determination.  

„The decision shows that security interests can carry considerable weight when weighing up data protection considerations,“ says lawyer Zeynep Kenar. „However, it is important that organisations responsible under data protection law justify the protective measures in their security concept in a comprehensible and plausible manner.“

The decision of the Berlin Administrative Court is not yet final. An application for leave to appeal against the judgement can be submitted to the Higher Administrative Court of Berlin-Brandenburg.