Camera surveillance in stores, restaurants and sports clubs: Cameras in a supermarket, cafe or swimming pool, is it allowed?
- , by ASE
- 2 min read
Camera surveillance in or around a store, restaurant or sports club can help protect property, visitors and staff. But the invasion of customer and employee privacy is significant. Therefore, business owners may only put up cameras if they meet a number of conditions. They must also ensure that the invasion of customers' and staff's privacy is minimized. A camera in a fitting room, dressing room or restroom goes too far, as people could be exposed in the picture.
Justified interest
The business owner must have a legitimate interest in camera surveillance. For example, deter theft or protect customers and employees.
Need for camera surveillance
Camera surveillance must be necessary. That is, the entrepreneur cannot achieve the goal any other way. Isn't there another option that is less invasive of privacy? That's something the business owner should check first.
Also, camera surveillance should not stand alone. It should be part of an overall package of measures.
Privacytoets
The entrepreneur must first perform a privacy test. This means weighing the interests of customers and employees against his own.
DPIA
Does the business employ large-scale and/or systematic camera surveillance to combat employee theft and fraud? If so, the employer must conduct a data protection impact assessment (DPIA).
This is the case, for example, if the business owner deploys camera surveillance for this purpose on a structural basis or over an extended period of time.
Does the entrepreneur want to use a hidden camera (covert camera surveillance)? Then the entrepreneur must always conduct a DPIA for this. Even if the covert camera surveillance is incidental.
Rights of customers and employees
Before customers go inside, they should be able to know that there is camera surveillance. The entrepreneur must inform them of this. For example, by hanging signs. It should be clear for what purpose the cameras are hanging there.
In addition, the General Data Protection Regulation (AVG) 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.
Storage period camera images
The entrepreneur may not retain camera images for longer than necessary. The guideline for this is a maximum of 4 weeks.
But has an incident been recorded, such as theft? Then the employer may keep the relevant footage until this incident is dealt with.
