London low emission zone: Thousands of fine notices for Germans may be illegal

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Small sign with a big impact: This is where the London low emission zone starts

Photo: Chris J. Ratcliffe / Bloomberg / Getty Images

According to the Federal Motor Transport Authority (KBA), a company illegally obtained data from German vehicle owners on behalf of the London transport company TfL. According to a report in the Guardian, alleged violations of the rules for London's environmental zones "ULEZ" (Ultra Low Emission Zone) and "LEZ" (Low Emission Zone) were pursued and European vehicle owners were confronted with sometimes horrendous demands.

Access restrictions apply in the low-emission zones, vehicles must be registered, and environmental taxes may apply in some cases. Since August 2023, the entire London city area has been part of the Ultra Low Emission Zone. The journey costs 12.50 pounds (just under 15 euros) per day if the vehicle does not meet emission standards.

Within the EU, anyone who is caught speeding for misbehavior in traffic can be identified by comparing their license plate number. According to the Guardian, however, since Brexit there is no longer any basis for passing on European vehicle owner data to Great Britain, as long as it does not involve criminal offenses. The paper relies on information from authorities in Belgium, the Netherlands, Spain and Germany. Nevertheless, according to the report, around 320,000 fine notices have been issued across the EU since 2021. Some of the demands were in the five-figure range.

No data to Great Britain after Brexit

The Federal Motor Transport Authority confirmed this week that the company EuroParkingCollection (EPC) had received data from vehicle owners through “a use of the European owner data exchange CBE – which is, in our opinion, unlawful”. They were passed on by users of the Italian national CBE contact point. Against this background, Germany is currently not issuing CBE information to Italy.

According to TfL (Transport for London), all companies it works with are contractually obliged to ensure that data is processed in accordance with data protection regulations. However, the company EPC commissioned by TfL made it clear that it had not been prevented from requesting information about drivers in EU countries.

A spokesman for the Federal Commissioner for Data Protection and Freedom of Information BfDI said that they shared the KBA's view "that the company EuroParkingCollection (EPC) received holder data through a presumably illegal use of the CBE procedure by users of the Italian national CBE contact point." From a German perspective, the necessary steps have been taken in terms of data protection law by stopping the transfer of data to Italy.

The allegedly illegal actions were uncovered by Belgian MP Michael Freilich. In Belgium, EPC had commissioned a bailiff to query the relevant databases. However, the Belgian authorities have now put a stop to this, Freilich wrote in a guest article in the Guardian. He called for common European action in the case, which he described as "possibly one of the biggest data protection violations in the history of the EU."

dpa/AFX/fzs