May mobile cameras, such as drones or moving cameras, be used for public order enforcement?

To maintain public order, municipalities and the police can deploy mobile or flexible camera surveillance. Such as drones, cameras attached to a car or cameras mounted on a movable mast. What is important here is the legal basis on which the deployment of camera surveillance is based. That basis determines the requirements for the deployment of the surveillance and the processing of the images.

Mobile camera surveillance by municipality

The mayor can deploy mobile or flexible camera surveillance pursuant to Article 151c of the Municipal Law. All conditions that also apply to regular fixed camera surveillance must then be met. Thus, the same conditions apply to mobile camera surveillance as to cameras at a fixed location.

This means, among other things, that the mayor must first determine whether the use of cameras is necessary for the goal to be achieved. And whether this goal cannot be achieved with less drastic measures.

Mobile camera surveillance by police

The police may occasionally deploy mobile or flexible camera surveillance under Article 3 of the Police Act, if this is necessary for the maintenance of public order. This is only allowed if there is a concrete reason to do so. Again, the purpose for which the cameras are deployed cannot be achieved by less intrusive means.

In the event of unforeseen disturbances of order or in the event of (the fear of) disturbances of a temporary nature, camera surveillance can be deployed under Article 3 of the Police Act. Such as a risk match in professional soccer, in case of (threatening) riots, at events or demonstrations.

This form of incidental camera surveillance should only be used for a short period of time and not be systematic.

Camera images are police data

The processing of the camera images taken with these forms of mobile camera surveillance (thus both under Article 151c of the Municipalities Act and under Article 3 of the Police Act) falls under the Police Data Act. The camera images are therefore police data.

Chief of police is data controller

This means that the chief of police is the data controller for the processing of camera images taken under the Municipal Law or the Police Law, for example, with drones or moving cameras.

The chief of police is also responsible for ensuring that the processing of these camera images complies with the rules of the Police Data Act.

Informing people

With mobile camera surveillance, camera footage can be taken in places where people do not expect it or without them noticing. Therefore, a drone or a car with a camera can be a greater invasion of their privacy than a static camera.

It is therefore especially important with mobile camera surveillance that the public be properly informed about the camera surveillance. People need to know that they may be filmed.