Many entrepreneurs use it camera security in and around their shop, catering facility or other type of business. The purpose of these cameras is to protect property, visitors and personnel against risks such as theft, vandalism and violence. But portraying staff and visitors also infringes on the privacy of these people. When you use camera security so you have to take into account the privacy law. What is allowed, what is not allowed and what conditions must you meet as an entrepreneur? You read it here.
Opposing interests
Camera security and privacy legislation are inextricably linked. With camera security you not only show your building or your products, but also your employees and customers. Two interests must therefore be weighed here:
- the entrepreneur's interest in protecting his or her property and products;
- and the interest of the customer and employee in maintaining his or her privacy.
De authority personal data states that the invasion of the privacy of customers and staff is great when you use camera surveillance. That's why there are strict conditions which you must comply with as an entrepreneur. What is in any case not allowed is placing cameras in fitting rooms, changing rooms or toilets.
Camera security conditions according to privacy legislation
You will not be surprised that camera surveillance is not allowed in these situations. But when exactly is it allowed? As an entrepreneur you must meet the following conditions to use camera security:
1. Legitimate interest
You must have a so-called 'legitimate interest' in placing the cameras. Preventing theft or protecting customers and employees fall under this legal basis.
2. Privacy key
Although preventing theft or protecting customers and employees legally falls under 'legitimate interest', this does not automatically mean that you may use camera surveillance. Before you are allowed to do this, you must first perform a so-called 'privacy check'. This means that you weigh the interests and rights of you as an employer against those of the employee and your customers. It is therefore important that you discuss the plans to install camera surveillance with the works council in advance. The works council must give permission for the use of the cameras.
3. Necessity
The use of camera surveillance must also be 'necessary'. This means that as an entrepreneur you must be able to prove that you cannot achieve this goal (for example, combating theft) in a different way that is less intrusive for the privacy of employees and customers. Camera surveillance should therefore not stand alone, but should always be part of a total package of measures. Otherwise, the judge can always argue that you have not demonstrated the necessity of using cameras, because you could have achieved the same effect with other measures.
4. Data protection impact assessment (DPIA)
Do you want to use camera surveillance on a large scale, structurally and/or for a longer period of time to combat theft or fraud by employees? Then you have to carry out a so-called DPIA. You must also carry out a DPIA if you want to use a hidden camera (structurally or incidentally). The DPIA is an instrument that allows you to map out the risks in the field of privacy and then take measures to reduce these risks.
5. Customer and Employee Rights
Have you met all these conditions? Then you can use camera surveillance. Make sure that your customers and employees still have certain rights. For example, they have the right to be informed about the camera surveillance. As an entrepreneur, you must therefore inform everyone who can be seen about supervision, for example by putting up signs. It must also be clear for what purpose the cameras are installed. In addition, customers and employees always have the following rights when it comes to processing their personal data (including the use of camera images):
- the right to view data (camera images);
- the right to be forgotten;
- the right to restriction of processing;
- and the right to object to the use of personal data.
6. Retention period of camera images
Finally, you may not keep the camera images longer than is necessary for the purpose you are pursuing (for example, preventing theft). The guideline used for this is a maximum of 4 weeks: after 4 weeks you must therefore delete the recorded images. The exception to this is when the cameras have recorded an incident and you are still handling this incident (for example, a lawsuit is still pending). In that case, you may keep those specific images until the incident has been resolved.
Would you like to know more about camera security and privacy legislation?
As we said above, camera security is always part of a total package of security measures. This may include other forms of electronic security and even physical security. Do you want to know more about camera security and privacy legislation or are you curious about which (combination of) security measures suit your company? Then take contact us for more information.