What are the conditions for the deployment of camera surveillance in public spaces and the processing of camera images?

Municipalities may, if necessary, use cameras to monitor public places to maintain public order (regular camera surveillance). The police may use the camera images to maintain public order and, in the case of incidents, to detect criminal offenses. The police may also use camera surveillance incidentally in the event of a (threatening) disturbance of public order. However, a number of conditions apply to camera surveillance in public places. These conditions depend on the basis for the use of camera surveillance.

Requirements deployment of regular camera surveillance by municipality (Article 151c of the Municipal Law)

Regular camera surveillance may be deployed by the municipality only if it is proven that an unsafe situation or regular disorder exists in a particular area. And the deployment of camera surveillance is necessary in the interest of maintaining public order.

Also, the use of camera surveillance should not stand alone, but be done in combination with other measures. Such as (better) street lighting or street surveillance. Camera surveillance is part of a package of measures.

The deployment of camera surveillance by the municipality must meet all the requirements of Article 151c of the Municipal Law.

Police processing of camera images must comply with all the requirements of the Police Data Act.

Requirements deployment of incidental camera surveillance by police (Article 3 of the Police Act)

The police may occasionally deploy (mobile) camera surveillance, but only if there is a concrete reason for doing so and the deployment is necessary to maintain public order. Such as in the case of (threatening) disturbances. This form of camera surveillance is brief and not systematic.

Police processing of camera images must comply with all the requirements of the Police Data Act.

Conditions for processing camera images

In both regular camera surveillance and incidental camera surveillance, the processing of the camera images is a processing of police data subject to the Police Data Act. Important conditions here are:

Necessity: The processing of the camera images must be necessary for the purpose for which the camera surveillance is used. And this purpose cannot be achieved by less far-reaching measures.

DPIA: A data protection impact assessment (DPIA) must be conducted prior to processing camera images. In fact, a DPIA is mandatory if personal data is processed for large-scale and systematic tracking of people in a publicly accessible area. The chief of police is responsible for conducting the DPIA. It goes without saying that the chief of police cooperates with the mayor who has decided to deploy camera surveillance. If necessary, the chief of police also submits a request for prior consultation to the Autoriteit Persoonsgegevens.

Information obligation: Under the Police Data Act, the police must inform data subjects about the processing of camera images. In doing so, the police must, for example, provide information about the purpose of the processing and about the privacy rights of those involved, such as the right of inspection. Under the Municipalities Act, the presence of cameras must be clearly known to anyone entering the area where camera surveillance is taking place. For example, the municipality can put up a sign informing people about the camera surveillance. Police and municipality can agree on how to implement this information obligation.

Retention periods: The police may not retain camera images for longer than necessary for the purpose for which they were taken. Are they camera images made with regular camera surveillance (pursuant to article 151c of the Municipal Law)? Then the images may be stored for a maximum of 4 weeks. If there are concrete suspicions that the camera images contain criminal offenses, the police may retain the images longer in order to trace those offenses. Also for the camera images made by the police with incidental camera surveillance (pursuant to article 3 of the Police Act) applies that these may not be kept longer than necessary for the purpose for which they were made. The rules are contained in the Police Data Act.

Security of and access to camera footage: The police must take appropriate security measures to ensure that camera images are not processed unlawfully or unauthorized. Only persons authorized by the Chief of Police (as the data controller) have access to the images.

Processors: If the police engage processors, such as an external party that views the camera images, the police must enter into a processor agreement with them. The external party then acts only under instructions from the police.

In addition to the above requirements, all other conditions and obligations under the Police Data Act obviously apply to the processing of camera images.

Camera surveillance: practical tips

The Camera Surveillance and Privacy course provides practical tips that will help you set up your camera policy in line with legislation with ease. Click here for more information about this course.