German court restricts Google Earth 3D imagery of private property

The Frankfurt am Main Regional Court has ruled that Google is prohibited from publishing three-dimensional aerial images of private property on Google Earth or Google Maps without the owner's consent. The court found that such publications violate the plaintiff's general right of personality, particularly when the images reveal areas of a property that are shielded from public view, such as enclosed gardens, pools, or verandas.

Judges noted that these high-resolution images allow for inferences regarding a resident's personal lifestyle based on property size and landscaping, and could potentially expose security-relevant access points. The court rejected Google's argument that users' freedom of information outweighs these privacy concerns, stating that the protection of a person's private retreat space takes precedence.

The ruling also highlighted that Google acquires its imagery through unannounced aerial surveys, making it impossible for individuals to obscure specific areas before capture. While the decision provides a precedent for pixelating detailed 3D views on Google Earth, it is not yet legally binding and can be appealed to the Higher Regional Court of Frankfurt am Main.