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Privacy Please : How GDPR Will Impact Video Camera Surveillance

The DPA requires organizations to protect any “personal data” that they hold relating to individuals. Personal data is not just restricted to written text; CCTV recordings also fall within the scope if individuals can be identified from them.

The Information Commissioner’s Office (ICO) issued its first code of practice under the Data Protection Act 1998 (DPA) covering the use of CCTV in 2000. The code was developed to explain the legal requirements which operators of surveillance cameras were required to meet and promote best practice.

 

GDPR + cameras law

 

Since these images contains identifiable individuals,this information can be used to identify these people either directly or indirectly (i.e. combined with other pieces of information), it qualifies as personal data, therefore the GDPR applies. Almost each institutions and bodies have video camera surveillance in operation on their premises, they’ll have to review the law of GDPR.

Placement of Video Camera Surveillance in the workplace, to ensure safety and health, protection of company assets, control of the production process and control of the employee’s work is and remains governed by CTC no. 68, and not by the “camera law”. However, it often happens that only one camera system is used for both personnel and customer surveillance. For example, cameras placed in supermarkets. From 25 may, images of both profile’s privacy will have to be respected.

 

Until today the placement of a camera was reported in advance to the Privacy Commission, from May 25, 2018, only the police must be informed. For existing cameras, a deadline is until May 25, 2020 to notify police services. Subsequent changes to the CCTV installation (adding a second camera, for example) should also be reported.

 

The public register maintained by the Commission for the Protection of Privacy therefore disappears but is replaced by an obligation for the person in charge of the CCTV system to keep a written record of the image processing activities of implemented surveillance cameras. This register should be available on request to the police and the Data Protection Authority.

The purpose and the legal source of the management that will have to be specified in the register will most certainly be the surveillance, justified by the legitimate interest of a company to secure its premises.

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Designation of a data protection officer

 

Data Protection Officer’s designation is mandatory where the basic activities of the controller or processor consist of processing operations which, by their nature, scope and / or purpose, require regular and systematic monitoring to a large extent.

Guarding companies will certainly have to appoint a delegate. Others will need to value whether video surveillance is part of their core business and whether it is done on a large scale. This is especially so since the appointment of a data protection officer will not only concern the processing of camera-surveillance images, but procedures carried out by a company.

 

Rights of filmed people

 

The rights offered by the GDPR to the concerned persons will also concern the images filmed about them. This will allow them to access images, have them rectified, erase or limit their processing. They should not motivate their desire to access the images, but only give indications sufficiently detailed to allow the controller to find the images about them.

 

However, these rights only concern the images on which the person concerned appears. The GDPR cannot be appealed to view images that were recorded before or after the filmed person’s passage. A person who forgets a bag on a station platform will not be able to ask to see the pictures taken after the departure of his train. Similarly, when a robbery took place during the vacation of the owners, only the police can view the cameras of neighboring buildings.

EU-GDPR: Challenges for Recruiters and HR domain

As mentioned in our previous blog posts, from May, the Federal Data Protection Act is no longer valid, because then ends the transitional period of the new, General Data Protection Regulation. Together with all other domains, there are also basic obligations in the area of human resources: although a recruiter must already be careful to ensure that data are particularly protected by applicants, the protection is significantly expanded.

Especially with data collection, processing and security, a recruiter should be well informed, otherwise, it’ll endanger high penalties. Here below, we’ve listed the biggest challenges possible for recruiters vis-à-vis EU GDPR:

 

Profiling – Changes in the recruitment research

 

In case of a shortage of skilled workers, the active search for personnel becomes more and more important. To do this, a recruiter must actively collect data. Consequently, this data collection will not change. However, as soon as this information is reused, there is a lot to consider. Affected individuals must be informed before data processing that their data will be used for profiling. Recruiters have to provide information at this point, what happens to the data afterward.

If a candidate is suitable for the job then the HR must inform other candidates immediately about the planned duration of their data storage and their right to delete the data. This becomes particularly problematic for companies that specialize in data collection. The reason for this is that the new regulation sets a short deadline of 72 hours for the publication and deletion of data. For long-term storage of data, there is a case-dependent period of two to six months. A declaration of consent provides a remedy at this point, this way, the recruiter gets the ability to save data longer. The purpose of the stored data, transparent information, communication and modalities of data subject should always be indicated. (Chapter 3 of the EU GDPR “Rights of the data subject”, Art. 12-23).

 

Data Processing – What must be considered for public sources?

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EU GDPR does not have any exemption for data processing from publicly available sources. Means recruiters are required to provide the data collection. However, this communication does not have to be direct, because a reference in a publicly accessible privacy policy of the companies involved is sufficient.

However, a nonspecific survey and its analysis, keyword: Big Data, is strictly regulated by the EU GDPR. This is because the related data are not kept. Rather, in the case of large data collections, the collected information is checked for value only afterward. These data must be anonymized and may only be used for statistical evaluation (Chapter 9 of the EU-GDPR “Provisions relating to specific processing situations”, in particular Art. 89).

 

Privacy – How does sensitive information remain confidential?

 

It is important for recruiters and businesses to review and align privacy information. Because the burden of proof in the case of non-compliance with data protection lies not with the person who identifies a security deficiency, but with the respective company. An offense in data protection is not only the missing deletion or informing a data collection: It is already sufficient if the purpose of the data processing is not specified or there is no regular check on the security of the personal data.

The financial consequences increase with the new regulation and amount to up to 4% of the total worldwide achieved annual turnover of the previous business year. It should, therefore, be ensured a data management system that guarantees a secure, confidential storage of personal data (Chapter 8 of the EU-GDPR “Remedies, Liability and Penalties”, in particular, Art 83).

 

Conclusion: Recruiters and HR companies must act compelling

 

No secret: recruiter will also change a lot from May 2018 at the latest because they handle sensitive information about potential job candidates on a daily basis. Recruiters must communicate much more openly with their data collections and their use. Big data handling will be much more severe and IT security will play a crucial role in 2018 and later on. For this reason, recruiter, but also companies should be informed in detail about the EU GDPR. It is not only a challenge but also a great opportunity for recruiters and HR companies to set themselves apart from the competition on an international level with the new standard.

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