The installation of video surveillance systems is constantly increasing every year. The data collected during video surveillance are usually images, which refer to an identified person or a person who can be identified, directly or indirectly, in order to monitor his behavior. As the monitoring of people through video surveillance spreads, so does the freedom of movement and behavior of people and their privacy. Particular attention should be paid to the video surveillance of workplaces.
Video surveillance is constantly increasing in different areas. Unlike before when only wholesalers or banks used video cameras, (to monitor their own facilities and the area around them), now private cameras are installed around the houses which have a much greater range of recording, in relation to the need.
Wherever surveillance cameras are installed, there must be clear evidence of who is responsible for the video surveillance and a notice must be placed under the camera indicating who operates it. Those responsible for setting up video surveillance systems must adhere to certain rules about which data and to what extent can be collected and stored. Anyone who believes that he has entered the circle that is under video surveillance, has the right to request information from the person responsible for the camera, about the purpose of setting up the video surveillance, the storage period of the recorded materials, etc.
The notice must contain the following information:
- That there is video surveillance
- For the name of the controller who performs video surveillance
- About the way information can be obtained about where and for how long the footage from the video surveillance system is stored.
Video surveillance rules
- The person responsible for video surveillance must inform everyone who enters the field of view of the cameras (video circle) that the space is being recorded, by highlighting notification that must be clear, placed in a visible place and highlighted in a way that allows all subjects of personal data to become familiar with video surveillance.
- In order to protect the personal data that it collects, processes and stores, the responsible person (controller) must take appropriate technical and organizational measures and arrange the way of video surveillance with a special act to prevent possible unauthorized access to the data. This means that only the authorized person has the right to monitor in real time and in case of an incident to review the recorded material. The saved data must be kept locked and only the authorized person has access to it.
- The camera must be placed at an angle in which the video circle will cover only the area for which the camera is placed. For example, if the camera is placed in a building, it should not be seen what happens in the apartments of the building. The controller can perform video surveillance only on the space that is sufficient to fulfill the objectives for which it was set . This means that if video surveillance is installed for the purpose of property protection or control over entry and exit from official or business premises, the goal will be achieved by placing a camera only at the entrance to the facility, and not in all corridors, meeting rooms, offices, classrooms / classrooms, halls, etc. Whenever video surveillance is installed, the right to privacy of employees, customers, pupils, students, patients, buyers and other categories of personal data subjects should be respected.
- Video surveillance can be installed solely for the purpose of protecting the life or health of people, protecting property, protecting the life and health of employees due to the nature of the work, or providing control over entry and exit from official or business premises for security purposes only. For example, the seller may not use the photos for marketing purposes or for any other illegal purpose.
- Recordings may not be made available to others unless it is necessary in a possible evidentiary procedure. For example, the seller may not make available or sell the photos to another person.
- According to the Law on the Protection of Personal Data, the recordings are kept for a maximum of 30 days (unless another law provides for a longer period), and after the expiration of this period they must be deleted. If damage has been done and it can be determined on the recordings, that part of the recorded material can be kept until the end of the procedure. If nothing in particular happens to the recorded material, it should be deleted.
- It is forbidden to carry out video surveillance in wardrobes, changing rooms, sanitary nodes, elevators and other similar rooms.
- In order to exercise the rights of the subjects of personal data whose data is processed through the video surveillance system, the controller should adopt and publish a Privacy Statement .
Video surveillance at the workplace
Monitoring workers at workplaces through video cameras causes a negative feeling (loss of concentration) and an unpleasant working atmosphere. New technology can affect the health and physical condition of workers and the ability to work. Video surveillance in the workplace can be installed, only if it is necessary to protect the life or health of people, protect property, protect the life or health of employees due to the nature of the work or to ensure control over entry or exit from official or business offices.
The employee should be informed if he is under video surveillance. Employees should not be under constant video surveillance. The employer must respect the privacy of all employees while they are at the workplace, that is, the employer must respect the principle of proportionality in relation to the purpose for which the video surveillance is installed.
Video surveillance in residential buildings
Video surveillance in residential buildings requires a written statement of consent from at least 70% of the total number of owners, tenants, that is, tenants of the apartments . At the same time, when performing this type of surveillance, it is forbidden to record the entrances of individual apartments and other owners, which means that it is allowed to record the common entrance of the building and other common parts of the residential building without intruding and violating the privacy of the individual parts (apartments).
Video recordings from the surveillance of residential buildings are prohibited to be transmitted via cable television (public or internal network), via the Internet or other electronic means of data transmission.
