German Justice Minister Proposes Criminalizing Secret Filming in Public Saunas and Lakes

The German Federal Minister of Justice has initiated a proposal to make covert recording of individuals in public spaces such as saunas and lakes a criminal offense. This move aims to address gaps in the current legal framework that do not adequately protect individuals from unwanted digital voyeurism in public areas.

Currently, German law does not punish the act of secretly filming or photographing individuals who are partially clothed or nude in certain public places, such as saunas, swimming lakes, or spas. While legislation already prohibits covert photography, such as taking images beneath clothing, existing statutes do not extend to the broader context of public venues where privacy can be compromised.

Existing regulations primarily protect individuals within private residences or spaces that are considered highly shielded from public view, like changing rooms or toilets. If someone is secretly recorded in these private settings, the law provides for penalties, including potential imprisonment of up to two years. Victims in such cases can also require the deletion of the unlawful recordings based on their personal rights.

The proposed changes are intended to close this legal loophole. The Justice Minister emphasized the need for modern legal provisions that reflect technological advancements and the widespread availability of smartphones with cameras. The initiative highlights the state's responsibility to ensure adequate protection against digital forms of voyeurism, particularly for individuals who may be filmed or photographed without their consent in vulnerable situations.

Several German states, including Lower Saxony and North Rhine-Westphalia, have expressed support for criminalizing secret recordings in these contexts. Their backing is partly motivated by recent incidents in which covert recordings in public saunas led to legal proceedings being dismissed due to the lack of applicable criminal statutes. In one notable case, two women were secretly filmed by a man in a sauna. Despite reporting the incident and having the suspect's phone seized by authorities, the lack of a specific offense resulted in the case being dropped and the device, along with the images, being returned to the suspect.

Advocates for the legal amendment argue that secretly photographing or filming individuals in states of undress in public spaces constitutes a significant intrusion into their privacy and dignity. They assert that such actions should be subject to criminal penalties to serve as both a deterrent and a means of redress for affected individuals.

The proposal is currently under discussion at the federal level, with the intention of providing clear legal definitions for what constitutes illegal digital voyeurism in public settings. The aim is to distinguish between casual, incidental photography and deliberate, intrusive acts that violate an individual's expectation of privacy.

If enacted, the new legislation would fill a critical gap in German privacy law, offering stronger protection for individuals against unauthorized recordings in public venues where people may reasonably expect a degree of privacy. The initiative reflects a broader societal shift towards recognizing and combating digital forms of personal intrusion in everyday life.