Video surveillance and privacy: the Guarantor has updated its decision of 2004, in order to balance privacy and security. We see the main news' of the new regulations drawn up by the Guarantor in the field of video surveillance.
The main novelty of the new provision of the Data Protection Commissioner on video surveillance
- Appropriate signs to indicate the presence of cameras connected with the operating rooms of the police:
- Obligation to refer to the verification of the Guarantor for the protection of personal data, prior to their activation, the systems that present a danger for the rights and freedoms of individuals, such as technologically advanced or "smart";
- Retention time of the recorded images;
- Strict security measures to protect against unauthorized access and images.
Video surveillance and privacy: how soon will adapt?
The period to adapt was fixed, depending on the requirements, from a minimum of six months to a maximum of one year.
New measure on video surveillance: the reasons
The general measure replaces the 2004 and introduces important new light:
- Massive increase of video surveillance systems for different purposes (prevention, detection and suppression of crime, public safety, protection of private property, traffic control, etc.).
- The numerous legislative measures adopted in the field (eg., Newer ones that have attributed to the mayors and municipalities specific expertise in the field of public safety and urban security, as well as' the rules, even regional, that have encouraged the use cameras).
Summary of new rules on privacy and surveillance
General principles of general measure of the Data Protection Commissioner in 2010 on surveillance
• Information: citizens transiting the customer's premises must be informed of the presence of cameras with signs, placards must be made visible even when the video surveillance system is active during the night. In the event that the video surveillance systems installed by private and public entities (businesses, banks, companies, etc..) Are connected to the police is necessary to affix a specific sign (Annex no. 2), based on the model developed by the Guarantor . The cameras installed for the purpose of law enforcement and public safety should not be reported, but the Guarantor hopes, however, the use of signs to inform citizens.
• Storage: Recorded images can be stored for limited period and up to a maximum of 24 hours, subject to the special needs of further conservation in relation to the investigations. For particularly risky activities (eg. banks) is admitted a larger time, which may not exceed in any case the week. Any need for extension must be submitted to preliminary verification of the Guarantor.
Areas of particular interest
• Safety urban municipalities that install cameras for security purposes urban are obliged to put up signs that signal the presence, except that the video surveillance activities are attributable to those specific protection of public security, the prevention, detection or suppression of crimes. The retention of data can not exceed 7 days, subject to special requirements.
• Integrated systems: For systems that connect cameras between different parties, both public and private, or that enable the delivery of video surveillance services "remotely" by specialist companies (eg, security companies, Internet providers) through electronic connection at a single center are mandatory specific security measures (eg against unauthorized access to the images). For some systems it is still necessary preliminary verification of the Guarantor.
• Intelligent Systems: systems for video surveillance "smart" with software that allow the association of images to biometric data (eg, "facial recognition") or are able, for example, shoot and record automatically behavior or abnormal events and report them (eg "motion detection") is mandatory preliminary verification of the Guarantor.
• Violations of the rules of the road: Mandatory signs that signal the electronic systems of detection of offenses. The cameras must take only the license plate of the vehicle (not then the driver, passengers, pedestrians if any). The photographs or videos that prove the infringement should not be sent to the address the vehicle's owner.
• Luggage waste lawful the use of cameras to monitor discharges of dangerous substances and "eco pitches" to track how they use, the type of waste landfilled and time of filing.
• Workplaces: the cameras can be installed only in accordance with the rules work. No, however, the remote control of workers, both inside buildings and in other places where the work (eg construction sites, vehicles).
• Hospitals and nursing homes: no to the dissemination of images of sick people through the monitor when these are placed in areas accessible to the public. E 'permitted in cases indispensable, monitoring by the medical staff of the hospital patients in certain departments (eg resuscitation), but access to images should be allowed only to authorized personnel and family members of inmates.
• Educational Institutions: allowed the installation of video surveillance systems to protect against vandalism, shooting with bounded to the areas concerned, and only during closing time.
• Taxis: the cameras do not have to take so stable driving position.
• Public transport: unlawful to deploy on public transport and at bus stops, but respecting precise limits (eg, limited viewing angle, shooting without using zoom).
• Webcams for tourism: the recovery of the images must be in ways that do not make it identifiable persons.
• Protection of persons and property: against possible attacks, theft, robbery, damage, vandalism, fire prevention, safety at work etc.. cameras can be installed without the consent of the subjects, but always on the basis of the instructions given by the Guarantor.
Translated via software
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