Since 2007, the use of surveillance cameras is regulated by the ‘cameralaw’. With the arrival of the GDPR (General Data Protection Regulation) and the ever-evolving technology, this law needed a profound make-over. What has changed and what does it imply specifically?
Are you planning to install a surveillance camera for example in the communal hallway of your apartment building? If so, you are required to file a declaration to that effect, at the latest the day before the camera is operational. Since 25 May 2018, you must file this declaration to the police, through the website www.aangiftecamera.be.
Did you declare your surveillance system/camera before 25 May 2018 to the Data protection Authority? In this case, you must refile your declaration to the police before 25 May 2020 at the latest.
Additionally, every modification to your camera/system must be declared. Your declaration has to be validated annually. If you don’t comply, your declaration can be removed from the database and you can be sanctioned.
New image processing register
Following GDPR regulations, the data controller (i.e. the Association of co-owners) needs to keep an image processing register. The register contains – among others – the purpose of processing, technical data of the camera, etc.
The police or the Data Protection Authority may, upon simple request, ask for this register to be submitted to them.
For people to know that they are being filmed, an icon needs to be visibly placed at the entrance of the location where the camera is recording.
The icon (10x15 cm) must contain the following data:
- Camera Surveillance – Law of 21 March 2007
- Denomination of the Association of co-owners (the data controller)
- Name, postal address, e-mail address or telephone number of the real estate trustee (processor), in case people need to contact them.
Who has access to the images?
The data controller and his representative (the real estate trustee) have access to the images. The filmed person has a right to access the images at his substantiated request.
Any questions or do you wish to obtain more information about the new cameralaw? Please contact the legal department of Syncura: 055/33.55.75 or e-mail firstname.lastname@example.org.