Transparency requirements for video surveillance

Once the GDPR becomes effective, its provisions must also be observed with regard to video surveillance. As early as January 2018, the data protection authorities published in the DSK short paper No. 15 application notes for video surveillance under the GDPR. In addition to the legality of video surveillance, particular attention must be paid to the correct signage of video surveillance. In this respect, the GDPR brings new requirements – transparency provisions of the GDPR (Art. 12 et seq. GDPR) have considerably extended the scope of information, which must be provided. As of 25 May 2018, not only the circumstances of video surveillance and the person responsible for it must be named, but also the contact details of the data protection officer, the processing purposes as well as the legal basis, the duration of storage and a reference to access to further mandatory information.

Due to the scope of the information to be provided, the reference to video surveillance will in future have to be made in DIN A4 format. In this respect, the data protection conference has also agreed on a model sign.

Practical tip:

Companies must ensure that this information is made sufficiently transparent in case of using video surveillance. The sample sign provided by the supervisory authorities does not have to be used. However, when using a “separate” sign, care must be taken to ensure that the information required by the supervisory authorities is clearly legible. A non-transparent video surveillance violates the regulations of the GDPR and can result in considerable fines. In addition, the supervisory authority may (temporarily) prohibit the operation of video surveillance.