Camera may film only what is absolutely necessary
New technological possibilities provide high-resolution images at rock-bottom prices. Video surveillance is often hyped up as a panacea in order to assert an increased need for security. However, it is by no means always a suitable means of protecting citizens from attacks, writes the Federal Data Protection Commissioner.
Video cameras are getting better and cheaper. That's why they are increasingly being used to monitor private areas. They are used to ensure security and order in restaurants, department stores, parking garages, toilets in cinemas and leisure facilities, and even in the privacy of one's own home. Anyone who has installed a video surveillance system on their own property or in their own business basically does not need a permit. However, anyone who records people in such a way that they are recognizable needs a good reason to do so and must adhere to certain rules, as the Federal Data Protection and Information Commissioner (FDPIC) emphasized in its media release on the occasion of European Data Protection Day on January 28, 2017. This also applies to the use of drones or dashcams.
Risks of video surveillance
The FDPIC points out various risks in connection with video surveillance. In particular, persons who could be captured by the recording area must be informed of this before they come into the camera's focus. Furthermore, the camera may only record what is absolutely necessary: Neither filming the public space nor recording the neighboring property is permitted. According to the data protection commissioner, another means should be chosen if it is suitable for providing effective protection without affecting the privacy of other persons. If video surveillance is necessary, privacy filters (techniques for pixelation or obscuring) should be used whenever possible, and access to the unedited images should only be granted in justified exceptions.
Detection of a crime
In order to draw attention to video surveillance, the FDPIC recommends placing a clearly visible sign at eye level. In addition, the sign should indicate where the persons concerned can assert their right to information. It goes without saying that the covert filming of individuals also violates data protection law. Therefore, special caution is also required when using drones and dashcams. In addition, filming in public spaces is a matter for the police or requires a permit.
If images are to be used to uncover a crime, the image material must be handed over to the relevant authorities. Private individuals are not allowed to initiate a manhunt themselves and, for example, publish pictures of suspected perpetrators on the Internet. Whether images would ultimately be admitted as evidence would be decided by the court on a case-by-case basis. If images are stored for evidentiary purposes, they must not be kept longer than is actually necessary to uncover a case of abuse, according to the data protection commissioner. As a rule, they should be deleted within 24 to 48 hours. Special rules apply to the use of photo comparison systems for access control at ski resorts and recreational facilities, he further writes.
The right to view the images
Anyone who is filmed by a video camera without their consent and feels that their privacy has been violated as a result has the right to defend themselves against this and demand information about their own data. In such cases, the data protection officer recommends first contacting the operator of the video system and requesting that the images be deleted and, if necessary, that the angle of recording or the camera location be changed. If the problem cannot be solved bilaterally, the persons concerned have the legal remedy of a civil action. Depending on the case, a lawyer may have to be consulted. If video surveillance is used in the context of an employment relationship, the employees concerned can seek advice from the cantonal labor inspectorate.
Comprehensive information on the use of video surveillance in a wide variety of areas can be found:
- Leaflet "Video surveillance by private persons"
- Video surveillance of public space by private
- Explanation of Video surveillance with drones
- Explanation of Video surveillance in vehicles (dashcams)
- Explanations on the data protection-compliant operation of Webcams
- Explanation of Video surveillance in checkrooms and restrooms
- Explanation of Video surveillance in the workplace
- Explanations on the publication of photos (Right to one's own image)
On the blog of the FDPIC can be discussed on the topic of video surveillance, etc.: https://www.blog.edoeb.admin.ch
