State Commissioner for Data Protection and Freedom of Information, North Rhine-Westphalia:
Video surveillance may—depending on its design—involve the collection and processing of personal image data. Such data processing is fundamentally prohibited and only permissible by way of exception if a legal provision permits it or if the data subjects have given effective prior consent (so-called prohibition with reservation of permission).
Your Individual Video Concept
Data Privacy in Video Surveillance
The Legal Basis
PolG NRW
Regulation for the police: Police Act of the State of North Rhine-Westphalia
DSG NRW
Ministries, municipalities, authorities: Data Protection Act of North Rhine-Westphalia
BDSG
Private individuals, private-law companies: Federal Data Protection Act
Current Papers on the State of Legal Development
At the European level, a working group of the European Data Protection Board, with the participation of the German data protection supervisory authorities, has developed guidelines on video surveillance under the GDPR (Guideline 03/2019). These guidelines provide a comprehensive overview of all essential data protection elements and also address new forms of video surveillance in some areas.
The Data Protection Conference, as the body of the independent German data protection supervisory authorities of the federal and state governments (DSK), has also created guidance on video surveillance and a brief paper on video surveillance by non-public entities, in which many legal requirements are presented and analyzed.
Source: Federal Commissioner for Data Protection and Freedom of Information
The Most Important Facts at a Glance
General Data Protection Regulation
With the entry into force of the General Data Protection Regulation, all companies are subject to new guidelines. VTIS GmbH has also made numerous updates in this regard to continue offering its services in compliance with data privacy regulations.
By using our website and all our services, you are on the safe side with regard to the GDPR. All information on this topic can be found on the official GDPR homepage.
Data Protection Impact Assessment
Who Is Liable for Data Privacy Violations?
Especially after the GDPR (General Data Protection Regulation), the question of liability is being asked more and more frequently. Who is responsible and liable for data privacy violations in the field of video surveillance? Special circumstances come into play when installing video surveillance systems. The end customer has no technical knowledge and therefore cannot plan and design on their own. For this reason, two or more parties are equally responsible when determining video surveillance measures and are therefore liable. The data subject can assert their rights against each party.
Compensation for Damages
“Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.” Article 82 GDPR.
Obligations of Installers
Under the GDPR, the installer has several documentation obligations. These serve as proof of compliant installation and implementation of the video surveillance system. Processors, on the other hand, must maintain a record of their processing activities. Previously, according to the BDSG (Federal Data Protection Act), this was only mandatory for end customers/operators.
Sanctions
End customers, processors, and installers can be sanctioned with fines of up to ten million euros or 2% of total worldwide annual revenue according to Article 28 ff. GDPR/83 EU-GDPR.
What Should Installers Keep in Mind?
During the transition phase, existing installations and video surveillance contracts should be reviewed. Newly concluded contracts must be drafted in such a way that they take into account the legal situation under the GDPR. Therefore, basic knowledge of data protection is extremely important for every installer. In plain language, this means that the installer or contractor may no longer install a camera anywhere the customer would like. What exactly they must do is detailed in the “GDPR Video Practice Guide,” which they can obtain free of charge from the German Data Protection Assistance if they are a supporting member there. The practice guide includes, among other things, a checklist for the installer/contractor so they know what they must ask the end customer before they may begin installing the video equipment. The GDPR Video Guide also includes sample forms for complete data protection management, including their own processing activities, so that the installer has proof that they behaved in compliance with data privacy during installation and fully fulfilled their information obligations with regard to the BDSG and GDPR.
Source: sicherheit.info / Walter C. Dieterich, Board Member, Deutsche Datenschutzhilfe e.V.
Professionelle Beratung
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Your direct line to us
Would you like to learn more about us?
If you have any questions about VTIS GmbH, would like a consultation, or need help implementing a custom video surveillance system, simply get in touch with us. Our team of specialists from Sales and Technology is available to assist you at any time.
- Email: info@vtis.de
- Tel: +49 (0)231 880 857 0
- Nikolaus-Groß-Str. 31
- 44329 Dortmund
- Email: info@vtis.de
- Tel: +49 (0)231 880 857 0
- Nikolaus-Groß-Str. 31
- 44329 Dortmund