1 VIDEO SURVEILLANCE (public/private areas) TOMÁŠ MIČO The Office for Personal Data Protection of the Slovak Republic

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 2 Video surveillance system - CCTV What is it actually? Closed Circuit Television; video magnification system consisting of a video screen interfaced with a video camera; usually a security system using cameras that transmits visual information over a closed circuit through cable or wireless transmitter and receiver; analog or digital surveillance technology designed for monitoring of various environments and activities.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 3 Video surveillance systems

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 4 International legal documents Convention of Human Rights and Fundamental Freedoms (Article 8); Council of Europe Convention no. 108/1981 for the protection of individuals with regard to automatic processing of personal data; Charter of Fundamental Rights of the European Union; Directive 95/46/EC (EU framework).

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 5 Legal framework for public areas monitoring LEX GENERALIS: Act No. 428/2002 Coll. on Protection of Personal Data as amended (hereinafter the “PDP act”). LEX SPECIALIS: Other acts that provide an obligation or opportunity for data controller to have and use video surveillance system (e.g. Act on Banks, Act on Protection of State Border, Act on Police Force, … )

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 6 PDP act (a) Section 10 Paragraph 7 of PDP act stipulates the following: The premises accessible to the public may be monitored by means of a video recording or audio recording only for the purposes of the public policy and security, disclosing criminal activities or interference with the State’s security, provided that the premises are clearly marked as being monitored. Marking of the fact that the premises are being monitored is not required if it is not stipulated by a special Act. The recording may only be used for the purposes of criminal prosecution or proceedings concerning misdemeanors, unless otherwise stipulated by a special Act.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 7 PDP act (b) Section 13 Paragraph 7 of PDP act stipulates the following: If the recording made pursuant to Section 10 Paragraph 7 is not used for the purposes of criminal proceedings or proceedings concerning misdemeanors, the person who made it shall destroy it at the latest within seven days from the day following after the day on which the recording was made, unless otherwise stipulated by a special Act.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 8 Legal conditions the premises accessible to the public; the purpose: –public policy and security; –disclosure of criminal activities; –disclosure of interference with the State’s security; the premises are clearly marked as being monitored (Marking of the fact that the premises are being monitored is not required if it is not stipulated by a special Act.); the usage of recordings – only for criminal prosecution or proceedings concerning misdemeanors, unless otherwise stipulated by a special Act; the deletion – within seven days from the day following after the day on which the recording was made.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 9 The premises accessible to the public public areas: –streets; –parks; –squares; –playgrounds; premises of banks; shopping malls, hypermarkets, shops; railway station or bus station.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 10 The purpose The strongest public interest – security: the purpose of monitoring: –public order and security; –disclosure of criminal activities; –disclosure of interference with the State’s security; the usage of recordings: –criminal prosecution; –proceedings concerning misdemeanors; –other stipulated by a special Act;

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 11 Clearly marked premises

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 12 Legal framework for monitoring of private areas When private entity operates a surveillance camera system: Civil Code; Labour Act (employers vs. employees); PDP act (but not explicitly).

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 13 Employment relations Labour Act (new Article 11 of basic principles): An employer is empowered to collect only personal data regarding employee that concern his qualification and professional experience and personal data which can be significant for tasks that employee carries out. Without serious reasons that rise from the specific nature of employer’s activities, employer shall not interfere with privacy of employee at workplace and common premises of employer by monitoring without previous notification or examining of letters addressed to employee as a natural person. If there is any surveillance mechanism in the premises of employer, employee shall be informed about scope and means of monitoring.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 14 Case law previous rules – NONE; previous case law - not relevant NOW; new rules – Labour Act (lex specialis); new case law – NOT CREATED up to now.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 15 Main facts recordings = personal data; monitoring – only when it’s necessary; employee has to be informed; purpose limitation; information security; proportionality; forbidden areas – no camera.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 16 Useful documents Opinion 4/2004 on the Processing of Personal Data by means of Video Surveillance; Opinion 4/2007 on the concept of personal data; Judgement of the European Court of Human Rights in the case Amann v Switzerland of ; Judgment of the European Court of Justice C- 101/2001of (Lindqvist).

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 17 Similarities and differences Public privacy intrusion signs personal data legal framework free access purpose storage period – 7 days Private privacy intrusion previous notification personal data legal framework access denied purpose storage period according the purpose

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 18 Finally CCTV - powerful tool Constant need of compliance with law; Reduction of storage periods; Purpose limitation; Awareness of data subjects; Proportionality. Look from the data subject’s point of view is the best way to handle it properly.

THE OFFICE FOR PERSONAL DATA PROTECTION OF THE SLOVAK REPUBLIC Lithuania Novembre 2007 VIDEO SURVEILLANCETomáš Mičo page 19 THANK YOU FOR YOUR ATENTION Source of pictures: my personal archive or