Conducting Video Surveillance? The EDPB Is Watching You. Here’s What It’s Looking For

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Fox Rothschild LLPThe European Data Protection Board has issued guidance on the use of video surveillance.

Key takeaways:
  • The monitoring purposes of cameras should be documented in writing.
  • Data subjects must be informed of the purpose(s) of the processing: “safety” or “for your safety” is not sufficient
  • The most likely legal bases for video surveillance are: legitimate interest and “necessary in the public interest.”
  • Data subjects’ consent can only serve as a legal basis in exceptional cases.
  • When blurring the picture with no retroactive ability to recover the personal data the picture previously contained, the personal data are considered erased in accordance with GDPR.
  • The notice under Article 13 should be provided in a layered manner – first layer (warning sign) and second layer (other location).
  • Controller should implement technical measures to fulfill an access request without revealing the identities of other people (e.g. image-editing such as masking or scrambling).
  • If the video footage is not searchable, data subject should in its request, specify when, within a reasonable time frame, he or she entered the monitored area.
 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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