Video surveillance
Video surveillance in our lives
Video surveillance is understood as a measure adopted by many companies, leisure spaces and other enclosed places that we attend regularly, which makes it commonplace.
The purpose of its installation, in general, is to ensure the safety of people, goods and facilities. It can also be used for public safety, traffic management, control in the workplace, etc.
However, not all of us are aware of the implications that the Data Protection Law has on video surveillance systems, and we have seen this in the numerous queries that the legal department
received by the legal department of Business Adapter as an expert company in data protection.
Video surveillance and personal data
The image that identifies or can identify a person, will be considered as personal data and therefore, its treatment will be subject to the European(RGPD) and Spanish(LOPD) data protection regulations.
Such processing of personal data must comply with the principles and obligations determined by current data protection regulations. Which are:
Legitimacy to use image capture systems.
Principle of Minimization and Limitation of data processing, actions that lead to process the images for the shortest possible time (never longer than 1 month), except for exceptions provided for in the regulations.
Proactive Accountability Principle, seen as the ability of the responsible party to provide and demonstrate evidence of compliance:
— To elaborate a Treatment Activity Record(RAT).
-Processing methodology (image, voice, zoom, etc.).
-Relationship with the person in charge of the treatment that manages the images.
-Rights of persons.
-Cession of images to third parties.
-Etc.
— Risk analysis.
-Number of interested parties
-Location of the cameras
— Data protection impact assessment.
— Measures to be implemented.
-Information to interested parties
-Procedure for the exercise and attention of rights
— Etc.
Special Data Categories
It should be noted that a single image captured by video surveillance systems is not a special category of data, unless circumstances could be obtained through it that would induce to know certain aspects of the person, such as those related to his sexual life, health, religious convictions, etc.
It would be in these cases in which the explicit consent of the individual would be required to process his/her data with such characteristics.
Video surveillance in the workplace
Even if the purpose of the video surveillance system was not to monitor workers, if the recordings were to detect, for example, a violation of rights or an act constituting a crime, the images could be used against the perpetrator.
In addition, video surveillance could be used for the control of workers, within the powers granted to the employer established in Article 20.3 of the Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers’ Statute Law.
Regulated cases
There are cases in which there is authorization, even an obligation to install video surveillance systems, for example:
—Sports shows, in accordance with Law 19/2007, against violence, racism, xenophobia and intolerance in sports.
— Entities that due to their activity are obliged to install video surveillance systems such as Jewelers; Private security according to Law 5/2014.
—Critical infrastructures, regulated by Law 8/2011.
—Communities of owners, provided that it is agreed by the owners of the communities, in accordance with the Horizontal Property Law 49/1960.
New Technologies
New technologies have taken the capture of images to places previously unthinkable and this makes it necessary to regulate these practices, such as the processing of images captured by cameras installed in:
— Vehicles
— Motorcycle helmets
— Drones
— Thermovigilance (image + body temperature)
This last case is used for the prevention of Covid-19 infection, a method that is as widespread as it is controversial, since you can be asymptomatic and not have a fever and therefore spread the disease to others. Nor is having a fever an irrefutable symptomatology of suffering from the disease, since fever can be caused by other factors.
In fact, the temperature as a factor in certain decisions, could incur in case of discrimination or in case of loss of confidentiality when the data is disclosed to other people, especially when these circumstances apply to the work environment.
We help you
Business Adapter will manage and advise you on everything you need to implement in your company to comply with the Data Protection Regulation.
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