German laws are much different than US laws, and even if they weren't, I don't think anyone cares about a thief's personality rights. It's not a violation because Mark owns that data and the thief willingly recorded it on the disk.
Suppose a 14year old girl stole some underwear - the store then videos her in her bedroom in the underwear and puts it on TV as an ad campaign. Still acceptable in the USA?
No jury will ever side with the thief for what is essentially mischief.