DATA PROTECTION AND SURVEILLANCE LAW

data protection law

We have many questions about the new protection data´s law when you want to install a surveillance camera. We´re going to give you some information about it and helps to avoid future problems.

Protection and security is a priority goal to private areas, but we couldn´t do everything we want to get it.

Since Omnibus Law (Ley 25/2009) where it´s not necessary a especialised company to install surveillance system, we find a lot of installations that break the law.

IMAGES FOR SECURITY

Surveillance system wants to guarantee the people and facilities security. So, the public interest legalises the treatment of personal images.

The RGPD law, in 5th article, says that personal images and datas are taking to the certain goal and not others. This is calling “datas minimisation”, we could get datas but just the necessary datas to keep to security guarantee.

PUBLIC AREA

New Data Protection Law says that it´s not allowed to get images from public areas.

Just they could be taken if they are indispensable to get the installation´s goal or there aren´t options to change their location.

RESPONSIBLES

RGPD law says that we must to select a Protection Data Responsible who have to develop a proactive attitude. Now, it isn´t necessary to register the installation into Agencia Española de Protección de Datos; but the resposible has to keep a Activities Register. It could be on paper or digital forma, but always it has next information:

Owner of system Name and data contact of responsible
Activity Surveillance
Regultation Art. 6,1e del RGPD
Goal of images To guarantee of personal security, things and facilities
Responsible Email
Personal data categories Images
Categories of victim For explample, clients, workers…
Information about technical measures of security Information about them
Recipient of communcations, international coorps, third countries included. Security Corps, Courts and Tribunals
 International transfers. Guarantee documentations in case 49.1 Doesn´t exist
When it would be possible, steps to delete the different datas. After a month, except communication of Security Corps, Courts and/or Tribunals.

Remember that this internal document has to be at Control Autority disposal.

SURVEILLANCE AREA

When we install a surveillance system, we have to fulfil with information right. This is objectified by a panel localed in a visible place.

This panel gets this information:

  • Surveillance area
  • Responsible
  • Posibility to exercise the rights in art 15 and art. 22 of RGPD.
  • Where we could get more information about personal data.
  •  All necessary information

You could download the panel here.

PRESERVATION OF IMAGES

The new RGPD law has deleted the 1/2006 regulation. Just the art. 6 still goes on. This article inform that the presevation of images, inside the recorder, is 1 month.

COMMUNITIES

The communities are the owners and resposible of surveillance system installed inside them. They have to take care about obligations of new regulation.

The cameras only could record the common areas of community. They could´t record the public areas, except then entrances and exists. It isnt´t allowed to record private house or fileds.

Responsible persons will have special considerations:

  •  Intallation of informative pannels around the surveillance area.
  •  The access to images is limited to designed person from the community.
  • The authorised person could access to images by a Internet connection using a login/password.
  • All information will be aviable at recpetion, advices pannels, consierge…
  •  It could be installed cameras at pools and spa to security and healthy guarantee, if the cameras focus public areas and not the locker room and bathrooms.

If we talk about parking area, as private area in a common space, your cameras only could focus your place. You could focus outside your area with previous authorisation.

SITUATIONS WHERE LAY ISN´T APLLIED

The RGPD regulation isn´t  applied when the images exceed the domestic and private use. So, there aren´t out the images that are known by uncertain group of people.

For example, if a company join in RRSS isn´t exempt and the lay would be applied. Also, it would be applied if the images hurt the rights of people.

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