How do data protection laws affect video surveillance?

Feb 1, 2024

If there is one thing the Data Protection Act has made clear, it is that protecting our personal data is essential in all areas, and video surveillance is no exception. Also, have you ever stopped to think about how the digital age has transformed the way we handle information and security?

On the one hand, technological advances are strengthening the usefulness of video surveillance systems as never before, and on the other hand, they are posing new challenges that we had hardly considered until now. For example, those related to privacy and data protection terms.

In this post we are going to explain how the General Data Protection Regulation (GDPR) influences the use of video surveillance cameras and the balance between security and privacy.

Video surveillance and information security

There is no doubt that video surveillance cameras are essential for security in public and private spaces. However, in recent years, the advance of technologies and new tools applied to these systems, such as facial recognition, has been unstoppable.

Inevitably, the public has become concerned about how these types of video cameras collect, store and use the data they record.

To mitigate this concern and regulate all these aspects, the Spanish Data Protection Act was created, i.e. the regulations that ensure that the collection of images and personal data from video surveillance cameras is done in an ethical and secure manner.

The limits of privacy

Privacy is a fundamental right, and even more so in the digital age, right? That is why it is so important to define your limits.
And, as we have been saying, video surveillance cameras offer us an additional layer of security, but they can also invade our privacy if they are not managed correctly.

Data protection legislation sets clear limits on where and how these cameras can be installed, and the conditions under which the data collected by these cameras can be used.

What does the RGDP say about video surveillance?

And what are these conditions we are talking about? The General Data Protection Regulation (GDPR) has set a real milestone in the protection of personal data throughout Europe.
The Spanish Data Protection Agency (AEPD) is in charge of ensuring its implementation and compliance. As such, it has the authority to impose sanctions and fines on organizations that fail to comply with the GDPR.
In the case of companies using video surveillance, the Data Protection Agency has to ensure that they comply with all these points:

Track imaging

The RGDP establishes that the capture of images in public spaces must respect individual privacy.
This implies that video surveillance cameras should be positioned in a way that minimizes the collection of personal data. In addition, it is mandatory to give clear notice of their presence.

Data Protection Delegate (DPD)

To the companies that handle large amounts of personal dataincluding video surveillance images, the RGDP requires them to designate an Data Protection Delegate (DPD). This is a professional in charge of ensuring that the company’s data processing is carried out in compliance with the law.

The purpose of the data

On the other hand, this regulation requires that the purpose of the collection of personal data be clear and legitimate.

Right to information

All individuals have the right to be informed about the collection of their personal data. Therefore, companies that have a video surveillance system must inform the persons to be recorded about the surveillance established and the purpose of the surveillance.

Rights of individuals

And there is not only the right to information. Individuals whose data is captured by video surveillance cameras also have other specific rights under the Data Protection Regulation, for example:

  • Right of access, which allows individuals to request and obtain a copy of personal data collected about them.
  • Right of rectification, which gives them the possibility to correct inaccurate or incomplete data.
  • Right of erasure, which entitles individuals to request the deletion of their data when it is no longer necessary for the purposes for which it was collected.

Can we know if a video surveillance camera is legal?

Determining the legality of a video surveillance camera involves checking whether it complies with the RGDP and local legislation.
To be legal, any surveillance system has to guarantee:

  • Adequate signage of security cameras.
  • Respect for the privacy of individuals.
  • Limits on the use of the data collected.

Is it legal to install a camera on the public road?

If you’ve made it this far, you may be wondering… what about the public road? Well, installing video surveillance cameras in the middle of the street is a delicate issue.
As you can imagine, it must always be done in compliance with the GDPR and local laws, and ensuring that public safety does not compromise individual privacy. In any case, clear justification and careful handling of the data collected is necessary.

Are you looking for an effective security system that ensures compliance with all these regulations? SCATI EYE video surveillance cameras are synonymous with flexibility and performance, and are designed under the most demanding privacy requirements, so don’t settle for less and contact our team for a customized solution.