The National Data Protection and Freedom of Information (NAIH) 2020 Report summarizes official expectations regarding the operation of electronic surveillance systems. The most important of these are presented below.
A legitimate interest test is not a “paperwork.”
The operation of the electronic monitoring system does not depend on the consent of the data subject, but on the legitimate interests of the controller or anyone else. In the case of a body exercising public authority and performing a public mission, the legal basis for data management would not be a legitimate interest, but the exercise of public authority / performance of a public mission. The legitimate interest test does not mean “paperwork.” Specific data processing concerns, rights and interests of data subject, priority of interest related to data processing, and necessity for data processing should be presented. In the context of necessity, it is the responsibility of the controller to provide a realistic description of the specific situation that characterizes the status of the controller (scope of activities, location, customers, security issues, etc.). It also has a duty to describe why and to what extent data management constitutes a restriction on the privacy of data subjects, what is the intended purpose, and describe why data management is effective and the least restrictive means to achieve that purpose. In exceptional and clear cases, the authority accepts the existence of a legitimate interest in the absence of a balance of interests. Moreover, where appropriate, the provision of evidence to support lawfulness of data processing is not excluded.
Common camera monitoring errors
It is the primary mistake of a data controller to define the legitimate interest in a very general theoretical way (eg necessary to protect people and property). On the other hand, the legitimate interest should be clear and specific. Likewise, a common problem is that the legitimate interest is determined by the data controller, but does not support its necessity or suitability (property security camera in traffic, which is directed at the employee) In addition, in many cases, fewer alternatives are sought. And documented. Finally, the authority also indicated that the transmission of the live image also constitutes data management that must be regulated. However, this falls short in many cases.
Read our article to find out what functions the security camera should be turned off, when it can be used at work, in which case the body camera can be used, and what rules should be followed for common cameras!
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