CCTV monitoring and the GDPR: Opinion 2/2018 of the Personal Data Protection Commissioner
The use of Close Circuit Television (“CCTV”) systems has greatly expanded over the last years. These systems now bring an aura of sophistication and they keep developing . The expanded use of CCTV systems carries society-wide implications and unless such systems are used with proper care and consideration, they can give rise to concern that the individual's "private space" is being unreasonably invaded.
Technology is no longer solely used for keeping people and their property safe, but increasingly it is used for collection of evidence for other purposes, such as the eligibility of a child to attend a school in a particular area.
How CCTV monitoring is regulated
Prior to the implementation of GDPR, CCTV monitoring was being regulated by the Data Protection Law (Law 138(I)/2001). In the light of the provisions of that Law, the Commissioner for the Protection of Personal Data adopted a decision against a company regarding the breach of the provisions regulating CCTV monitoring. You can read the abovementioned decision here: https://bit.ly/2TDmrfF
CCTV monitoring is now regulated by the GDPR since recognisable images captured by CCTV systems constitute “personal data". As of that, monitoring is subject to the provisions of the GDPR even if monitoring has security or health and safety purposes.
GDPR provides guidelines to the controllers on how to use the surveillance system under the principle of proportionality. Using a CCTV to monitor areas is not an easy task. The location of cameras shall always be a key matter to consider.Areas where individuals would have a reasonable expectation of privacy are not always easy to be justified.
The new regulation does not discourage the use of CCTV. Instead, it encourages the balance and the air clarity for all parties regarding its usage. In the light of the GDPR provisions regarding the usage of surveillance cameras, the Commissioner for the Protection of Personal Data delivered her opinion on this matter on the 19th October 2018.
You may find the Opinion of the Commissioner here: https://bit.ly/2JXAp7m
The information set out in this publication provides general guidance and for information purposes only. It does not constitute or substitute professional advice. We shall not be responsible for any loss occasioned by acting or refraining from acting on the basis of this publication.