Background: Why a ban on secret sauna filming is being proposed
In 2026, Germany’s federal Justice Minister Stefanie Hubig presented a plan to make secret filming in saunas and similar intimate areas a criminal offense. The proposal responds to a gap in the law: victims currently lack a clear legal basis to pursue prosecution when they are secretly recorded in private, intimate settings. The proposal focuses on protecting personal privacy from covert camera recordings and smartphone misuse.
What prompted the proposal?
- Modern smartphones make it easy to record images and videos discreetly.
- Existing criminal rules do not clearly cover secret filming in intimate public or semi-public spaces such as saunas.
- The proposal aims to close that gap and give victims a stronger path to legal redress.
Key elements of the proposed rule
The draft law is designed to criminalize ‘digital peeping’ recordings made secretly in saunas and similar places where people have a justified expectation of privacy. It is targeted: the new offense would focus on deliberate, covert recordings meant to capture intimate images without consent.
- Targeted conduct: secret recordings in saunas and comparable intimate spaces.
- Criminalization: deliberate, non-consensual recording of intimate images.
- Restriction: the offense would be narrowly defined to avoid capturing casual or incidental photography.
- Victim protection: create clearer grounds for prosecution and legal remedies.
Official language and intent
Justice Minister Hubig summarized the aim in clear terms: ‘It is about digital peeping recordings’ and about creating ‘contemporary criminal rules against digital voyeurism.’ She emphasized that no woman should have to accept ‘being made the object of peeping photos just because a smartphone with a camera is always at hand.’ These phrases underline the focus on deliberate digital voyeurism rather than ordinary photography.
Legal scope and safeguards
The proposal is designed to balance personal privacy with everyday behavior. Lawmakers want to make sure the new rule covers intentional violations—hidden cameras, secret video and photo recordings—while excluding casual or social photography that happens by accident or with consent. Narrow wording is central to prevent overcriminalization.
Intent and boundaries
- The offense targets intentional and secret recordings, not accidental snapshots.
- Protected locations include saunas and similar intimate areas where people reasonably expect privacy.
- Clear legal definitions and limits help protect freedom of expression and ordinary photography.
Process and timeline
The matter was placed on the agenda of a Bundesrat plenary session at the end of January 2026. After that session, the proposal will be examined in committee consultations. Those consultations will discuss wording, scope, and safeguards before any final decision is made. The legislative process may include further steps not yet specified as the text is refined.
| Stage | Description |
|---|---|
| End of January 2026 | Topic on the Bundesrat plenary agenda |
| Following | Committee consultations to review and refine the proposal |
| Next steps | Further legislative consideration and possible adoption after consultations |
| Context | Proposal aims to create clear rules against digital voyeurism |
What this means for people and facilities
If enacted, the new rule would strengthen protection for people using saunas and similar facilities by making covert recording a punishable offense. Victims could have a clearer route to criminal prosecution. For facility operators, the change emphasizes the importance of privacy safeguards, policies on smartphone use, and training staff to spot and respond to suspicious behavior.
Practical steps for facilities and individuals
- Post clear information about privacy expectations and the prohibition of secret recording.
- Consider reasonable measures to limit covert recording, such as staff presence and awareness checks.
- Encourage reporting and document incidents to support any criminal or civil follow-up.
- Promote respectful use of smartphones and consent-based photography.
Key takeaways
The 2026 proposal by Justice Minister Stefanie Hubig seeks to criminalize secret filming in saunas and similar intimate areas to close a legal gap and better protect privacy. The law would specifically target deliberate digital voyeurism while excluding incidental photography. The issue was on the Bundesrat agenda at the end of January 2026 and will undergo committee consultation. The goal is clear: modernize criminal law to address smartphone-enabled privacy violations and give victims stronger legal protection.
