Term
CCTV
Cameras recording a company’s premises, a shop or a building. Recording people is processing personal data, so there must be a legal basis, signs marking the monitored area, a set retention period and, at work, information for employees.
Updated
What it means
A CCTV system is equipment that films an area such as a shop, warehouse, office, car park or building entrance, and often stores the footage. If it captures people, it is processing of personal data, and the company as controller must follow the rules of GDPR.
The most common legal basis is a legitimate interest in protecting property, health and safety. The company must be able to explain why the camera is there and consider whether a less intrusive measure would achieve the same aim. Cameras may not film areas where people expect privacy, such as toilets or changing rooms.
The monitored area must be clearly marked, for example with a sign carrying the key information and a pointer to the full details. Footage is kept only as long as necessary, typically a few days, and longer only if it captured a specific incident.
How it works in practice
When cameras are installed, we help clients prepare the legitimate interest assessment and update the record of processing activities and the information for the people concerned. Large-scale monitoring of publicly accessible areas may also require an impact assessment.
At the workplace it is also employee monitoring. The Labour Code requires the employer to have serious reasons arising from the particular nature of its business, to discuss the scope and method with employee representatives and to inform staff in advance.
If an outside company supplies and manages the cameras or footage is stored in the cloud, that company is a processor and a processing agreement is needed. Only designated people should have access to footage, and every viewing should be traceable.
What to watch out for
A common mistake is pointing a camera at a cashier’s or accountant’s desk “just in case”. Continuously filming an employee at work without a serious reason is disproportionate and, after a complaint, can lead to a fine and the camera being removed.
The second risk is cameras filming public space beyond the property, such as the pavement or the neighbour’s yard, or recording sound. Audio recording is far more intrusive and can rarely be justified for ordinary property protection.
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