School camera surveillance: Can a school put up cameras?
- , by ASE
- 2 min read
Cameras are increasingly hanging in schools. For example, to prevent vandalism or theft. But the invasion of the privacy of students, teachers and visitors is significant. Therefore, schools may only put up cameras if they meet a number of conditions. They must also ensure that the invasion of privacy is minimized. A camera in a restroom or locker room, for example, goes too far because people could be exposed in the picture.
Justified interest
The school must have a legitimate interest for camera surveillance. For example, deter theft or protect students, teachers and visitors.
Need for camera surveillance
Camera surveillance must be necessary. That is, the school cannot achieve the goal any other way. Isn't there another option that is less invasive of privacy? The school should check that out first.
Also, camera surveillance should not stand alone. It should be part of an overall package of measures.
Privacytoets
The school must first conduct a privacy test. This means that the school weighs the interests of students, teachers and visitors against its own.
The school must also discuss the plans with the participation council in advance.
DPIA
Is the school deploying large-scale and/or systematic camera surveillance to deter theft or protect students, teachers and visitors? If so, the school must conduct a data protection impact assessment (DPIA).
This is true, for example, if the school deploys camera surveillance for this purpose on a structural basis or over an extended period of time.
Does the school want to use a hidden camera (covert camera surveillance)? Then the school must always conduct a DPIA for this. Even if the covert camera surveillance is incidental.
Pupil, teacher and visitor rights
The school must ensure that students, teachers and visitors know that there is a camera and for what purpose it is there. For example, by hanging signs.
In addition, the General Data Protection Regulation (AVG) provides 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.
Retention period of camera images
The school 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 school may keep the relevant footage until this incident is dealt with.
