Video surveillance
Can I install cameras in elevators?
Yes, but only in places open to the public (stores and museums, for example).
The APDP does indeed allow that cameras may film the interior of elevators serving the different floors of a public establishment as long as the goal is to enhance the security of the premises and to prevent, in particular, the risks of theft and aggression.
As a reminder, the APDP considers that, given the intrusive nature of video surveillance systems, the implementation of such systems is only admissible in the context of the following security requirements:
- to ensure the safety of people;
- to ensure the security of property;
- to allow access control;
- to allow for the gathering of evidence in the event of an offence
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Restaurants: Can I install cameras in the (restaurant’s) dining area?
Yes, but only on the condition that customers are not filmed when they are at the table or at the counter.
Although restaurant owners may install cameras in their establishments to ensure the safety of the people and property on the premises and to enable evidence to be gathered in the event of offences, they must ensure that the cameras do not lead to permanent surveillance of the data subjects.
However, the APDP considers that a restaurant, or a bar, is primarily a place that customers visit to have a good time, chat, or relax.
They reasonably expect not to be filmed during these moments that fall within their private sphere, so as to not feel permanently and inappropriately observed.
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Can I activate the microphone function on my cameras?
In principle no. According to Article 4 of Law No. 1.565 of December 3, 2024, the data controller must ensure that the collected data are « limited » to the achievement of their objectives.
Also, regarding the collecting of voice in the case of the operation of a video surveillance system, the APDP considers that such data collection is clearly excessive with regards to the purpose of the processing. Indeed, collecting voice data, for example, to ensure the security of property and people, can lead to undue surveillance of data subjects.
While the APDP has authorized the installation of a camera located in the « interrogation room » of a department store in the case of theft and/or offense, considering that it protects both the individuals being interrogated and the staff of the establishment, it is particularly vigilant about the justification provided by the data controller.
To learn more:
- Factsheet Installation of cameras in the workplace
Residential buildings: Can I install a camera in the bin storage room?
Yes, but under certain conditions.
The APDP does indeed authorize the installation of video surveillance in residential buildings only within the context of the following security requirements:
- to ensure the safety of people;
- to ensure the security of property;
- to allow access control;
- to allow for the gathering of evidence in the event of an offence
Thus, cameras can be installed in a bin storage room to prevent or to establish facts constituting an offense.
The APDP also demands that a notice board be posted at the entrance of the premises informing the relevant people.
This notice board mentioned in Article 84 of Law No. 1.565 of December 3, 2024 must include at a minimum:
- the purposes of the processing;
- the identity of the data controller;
- the information relating to the exercise of the rights of the data subject;
- the retention period;
- if appointed, the contact details of the Data Protection Officer;
- a link to more complete information.
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