Normally, you should not use hidden cameras. But are there clear suspicions of, for example, theft or fraud by employees or students? Then you may use a hidden camera under certain conditions:
You do not succeed in stopping the theft or fraud despite efforts.
Hidden camera monitoring is temporary. Permanent covert camera surveillance is not allowed.
The invasion of the privacy of the people you are filming is as small as possible. A camera in a fitting room, dressing room or restroom is not allowed.
You have informed your customers, visitors, employees, students or patients in advance that hidden cameras are possible in certain situations (theft or fraud). For example, in staff regulations or in a camera surveillance regulation.
Does it involve camera surveillance of employees and/or students? Then you need consent of the works council or participation council for a regulation on the use of hidden cameras. And you must inform the employees and/or pupils involved about the use of the hidden camera afterwards.
You have conducted a DPIA.
Did the DPIA reveal that the intended use of hidden cameras poses a high privacy risk? And are you unable to find measures to mitigate this risk? Then you must consult with the Autoriteit Persoonsgegevens (AP) before starting camera surveillance. This is called a prior consultation called a prior consultation.
Source: https://www.autoriteitpersoonsgegevens.nl/themas/cameratoezicht/cameratoezicht-bij-organisaties/regels-cameratoezicht-voor-organisaties#verborgen-cameras-wanneer-wel-niet , accessed April 18, 2024.
