Camera surveillance: Legal frameworks and current practice

Camera surveillance goes to the heart of our data-driven era and has diverse purposes: on the one hand, to secure public interests such as public order and safety in public spaces, and on the other, to protect private interests, for example, within companies, organizations and homes.

Public Purposes: Rules and responsibilities

Municipalities play a central role in the establishment of camera policy in public spaces, based on the Municipalities Act, Police Act and Police Data Act (Wpg). Temporary camera surveillance may only be instituted in cases of concrete disruptions of public order and must always take place within a predetermined area, with clear information provided to citizens through, for example, warning signs. This is complemented by other security measures, such as additional street lighting or on-site surveillance. Camera surveillance should be discontinued when it is no longer necessary.

Based on the Police Act, the police can deploy temporary camera surveillance if there is an urgent reason to do so. The processing of images by police and municipality falls under the Wpg, with privacy safeguards such as necessity, DPIA, information obligation, retention periods and security measures. Access to camera images is strictly regulated by the chief of police as the controller, and external processors are subject to strict contractual requirements. The processing of personal data falls outside the AVG when it comes to detection of criminal offenses.

Private purposes: Application under the AVG

Companies and organizations can use camera surveillance to protect employees, customers, or property. The General Data Protection Regulation (AVG) is leading in this. Camera surveillance must be based on a legitimate interest and may only be used if it is absolutely necessary and cannot be replaced by less drastic measures. The balancing of interests and proportionality are central: the formulated interest must outweigh the privacy of those involved.

Organizations are required to take additional measures, obtain consent from the works council in the case of workplace camera surveillance, and conduct a DPIA in the case of large-scale or covert applications. Retention periods must be strictly observed (guideline: maximum four weeks), unless images are needed in the context of an incident. Citizens should be actively informed of their privacy rights.

Private individuals may deploy camera surveillance within their own property, provided they do not take images of public spaces, in accordance with the requirements of the AVG.

File content and timeliness

This dossier provides professionals with a comprehensive overview of the legal, technical and ethical aspects of camera surveillance anno 2025. The latest guidance from European and national regulators, current case law, technological trends such as AI-driven surveillance and privacy by design solutions, and recent public discussions on surveillance are covered. Practice-oriented tools such as roadmaps, checklists, sample DPIAs and incident response scenarios are continuously expanded. The integration of current news, legislation, opinions and practical questions makes this dossier the central source for the design and ongoing evaluation of privacy-aware camera policies.