With state elections just over a month away, the Baden-Württemberg Landtag has moved to finalize legislation before the current parliamentary term ends. On Wednesday, lawmakers approved revisions to laws concerning non-smoker protection, data privacy, and long-term care.
Stricter Rules for Smoking
Baden-Württemberg is poised to strengthen protections for non-smokers with a revised version of its 2007 Non-Smoker Protection Act. The new law expands smoke-free zones to include children’s playgrounds, bus and tram stops, swimming pools, zoos, and amusement parks. Smoking will also be prohibited in schoolyards and within the confines of government buildings.
The legislation also addresses the use of e-cigarettes, vapes, and shishas, regulating them even when they do not contain tobacco, nicotine, or cannabis. This is based on the premise that these devices release potentially harmful substances when burned, vaporized, or heated. Existing exemptions for pubs and restaurants largely remain in place, allowing for continued smoking in outdoor areas.
Expanded Video Surveillance Powers
Changes to the state’s data protection laws were also approved, granting cities and municipalities greater leeway in deploying video surveillance in public spaces. Previously, surveillance was limited to specific targets like cultural assets, public transportation, and government buildings. The revised law removes this restriction, allowing for broader surveillance for public safety and security purposes.
The updated law permits video surveillance for a wider range of public duties and property rights. The maximum storage period for recordings has been extended to two months. According to Interior Minister Thomas Strobl (CDU), the changes will “increase security and transparency for citizens.” The law also allows for the use of Artificial Intelligence in video surveillance to protect life and limb or critical infrastructure, such as systems in swimming pools that can detect potential drowning events.
Changes to Long-Term Care Regulations
Lawmakers also passed a new Participation and Quality of Care Act aimed at reducing bureaucracy and establishing practical rules for long-term care. Currently, nursing homes are subject to annual, unannounced inspections by local supervisory authorities. The new law extends the interval between routine inspections to a maximum of five years.
Ambulatory-supported care homes will no longer be subject to inspection by the supervisory authority, and the requirement for resident participation in home councils has been eliminated. Following criticism, amendments were made requiring care homes to register before opening and establishing a complaint office within the Ministry of Social Affairs. The FDP has labeled the law “immature,” while the SPD fears a decline in quality, and the AfD criticizes the lack of resident involvement.
Frequently Asked Questions
What changes are being made to the Non-Smoker Protection Act?
The revised law expands smoke-free zones to include playgrounds, bus stops, swimming pools, zoos, and amusement parks, and also regulates e-cigarettes, vapes, and shishas.
How will the changes to the data protection law affect video surveillance?
Cities and municipalities will have more freedom to deploy video surveillance in public spaces, and the maximum storage period for recordings will be extended to two months.
What is the purpose of the new Participation and Quality of Care Act?
The Act aims to reduce bureaucracy and establish practical rules for long-term care, including extending the interval between routine inspections of nursing homes.
As Baden-Württemberg heads towards elections, it remains to be seen how these legislative changes will be received by voters and what further adjustments may be considered by the next governing coalition.
