Private use of remote surveillance cameras : what are the legal limits ?

In a private setting, the surveillance camera is a priority tool to monitor all the surroundings of the house. Although this camera only takes into account an internally defined frame, its use is subject to certain legal limits. In the majority of cases, this is due to the protection of personal data. To find out more, let’s share in this article the legal limits of using a surveillance camera in your private places. The goal is to avoid mistreatment that can generate a rather heavy penalty.

The general usefulness of surveillance cameras

In order to protect a place, a surveillance camera is a tool to record a fixed or animated visual of a place for any duration. The objective of its installation is to provide elements of filmed clues that will be noted, such as the author of the damage: a person, an object, an action, a phenomenon, any scenario. In this way, to understand the actions that take place in a filmed place to avoid any bad intention to the breach of the good rule.

The conditions of installation of a private camera projecting on a public area

Once you have decided to install a surveillance camera, you are subject to the camera law. Generally any permission must be obtained from the CNIL (Commission Nationale de l’Informatique et des Libertés) and the prefecture. Generally, the type of law enforced depends on where the camera is installed.

If a private property uses a camera where the frame of the image captures a partial public road, a relative law is enforced. The difference is when it uses it to host a world in a closed place (hotel, shop, shop). In this case, a very large part of the public data is likely to be recorded, which of course implies another completely independent law.

Inform any person who is capable of being registered

According to RGPD compliance, any camera that is aiming at far or near, one or all of the public data is subject to a specific law. In this case, the owner must inform the public of the presence of the camera by means of a display. For example, he can use a sign, a plaque or a poster mentioning the final use of the recorded videos. The display should be placed in the most visible location, for example in the vicinity of the area framed by the camera. Note that the hidden camera is not allowed regardless of its shape.

Informations to be kept in the register

Before installation, the user of a camera is required to complete the following information:

  • The name and contact details of the data controller
  • The end use of the recorded data
  • The type of persons or objects filmed
  • The destination where we share data,
  • The data security provision
  • The storage period.

The surveillance camera in the company

In a work environment within a company, the camera is used exclusively for the safety of employees. This mitigates the risk of theft, terrorism, accidents caused by physical installations, etc. If the employer uses it for the purpose of evaluating the production of employees, it is therefore mandatory to notify the CNIL.

Now that you know a little or almost all about the camera law, you can find out how it works in a place covered by remote surveillance services.

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