Camera surveillance in shops, catering establishments and sports clubs: Cameras in a supermarket, cafe or swimming pool, is that allowed?
, by admin, 2 min reading time
Camera surveillance in or around a shop, catering facility or sports club can help protect property, visitors and staff. But the invasion of the privacy of customers and employees is significant. That is why entrepreneurs are only allowed to install cameras if they meet a number of conditions. They must also ensure that the invasion of the privacy of customers and staff is as small as possible. A camera in a fitting room, dressing room or toilet goes too far, because it can expose people naked.
Legitimate interest
The entrepreneur must have a legitimate interest in camera surveillance. For example, preventing theft or protecting customers and employees.
Necessity of camera surveillance
Camera surveillance must be necessary. This means that the entrepreneur cannot achieve the goal in any other way. Is there no other option that is less intrusive for privacy? The entrepreneur must first check this.
The camera surveillance may also not stand alone. It must be part of a total package of measures.
Privacy key
The entrepreneur must first carry out a privacy test. This means that he weighs the interests of customers and employees against his own interests.
DPIA
Does the entrepreneur use large-scale and/or systematic camera surveillance to combat theft and fraud by employees? The employer must then carry out a data protection impact assessment (DPIA).
This is the case, for example, if the entrepreneur uses camera surveillance for this purpose on a structural basis or for a longer period.
Does the entrepreneur want to use a hidden camera (covert camera surveillance)? The entrepreneur must then always carry out a DPIA for this. Even if the secret camera surveillance is incidental.
Customers and employees' rights
Before customers enter, they must be able to know that there is camera surveillance. The entrepreneur must inform them about this. For example, by hanging signs. It must be clear for what purpose the cameras are there.
In addition, the General Data Protection Regulation (GDPR) gives the following privacy rights to data subjects:
- the right to view data (camera images);
- the right to be forgotten;
- the right to restriction of processing;
- the right to object to the use of personal data.
Retention period of camera images
The entrepreneur may not keep the camera images longer than necessary. The guideline for this is a maximum of 4 weeks.
But has an incident been recorded, such as theft? The employer may then keep the images in question until this incident has been dealt with.