Camera surveillance on construction sites: Rules?

Author : g.lyshetti  -   Date : 7 Feb 2019   -   Catagories : Mobile Surveillance

Camera surveillance on construction sites is a proven method to deter vandals and burglars. However, the method is bound to rules. What exactly should you consider?

Camera Surveillance on a building
Camera Surveillance on construction

 

Camera Video surveillance on a construction site is a proven method to deter vandals and burglars. However, the method is bound to rules by privacy laws. What exactly do you have to consider when it is effective and according to the rules of your camera security systems on a construction site? We put the main lines in a row.

Public domain

Camera surveillance on a construction site is not a public domain. Intentional filming or photographing non-public places is prohibited Unless This has been clearly announced beforehand. Not announcing the making of film recordings can lead to up to six months of a cell according to the Penal Code. So, it is very important that you make sure that your building site is secured with cameras. For example, you do this with a warning sign.

To make it clear that your building site is not a public domain, it is advisable to indicate that your domain is prohibited from being accessed by unauthorized persons. Burglars or vandals, in that case, can never deny that they knew they were entering your terrain illegally.

Inform employees

If your Camera surveillance on construction site also run during the presence of employees, you should also inform your employees that the cameras are running. In addition, the drafting of a Protocol 'cameras at work ' is obligatory. This will explain what you can do with cameras and what rights the employees have.

Balancing of interests: privacy or security

The filming of people is, in fact, a violation of privacy. It is not for nothing that this is subject to strict rules. There are exceptions: sometimes the importance of obtaining footage weighs heavier than the protection of the privacy of the filmed. This is the case when the filmed a non-public place enters illegally. In this case, this person cannot claim any violation of his or her privacy because he himself has entered a private domain against the rules.

 

Camera Surveillance

Reporting Camera surveillance

Organizations that use Camera surveillance on construction site to protect people, buildings, terrain, business, and manufacturing processes are exempt from reporting camera surveillance to the authority personal data. This exemption applies only when it comes to clearly visible cameras. The exemption does not apply to hidden cameras. Camera surveillance that is exempted from reporting must comply with the general requirements of The Protection of Freedoms Act 2012 

Onus

You may issue recordings to the police if there is a criminal offence. Even if the recordings are illegal, they can still be used as proof. This is because of the violation of the law by the filmed heavier than the illegal capture of the image. In the past Camera surveillance on a construction site has helped uncover some other criminal activities. 

Storing Camera images

In principle, you may not store Camera surveillance on construction sites images for more than four weeks unless you have a good reason for this. For example, if the footage serves as the burden of proof for an incident. Then you may keep the images until the incident has been handled.

ICO Code of practice explained

The unwarranted use of CCTV and other forms of surveillance cameras has led to a strengthening of the regulatory landscape through the passing of the Protection of Freedoms Act (POFA). The POFA has seen the introduction of a new surveillance camera code issued by the Secretary of State since June 2013 and the appointment of a Surveillance Camera Commissioner to promote the code and review its operation and impact. The ICO has contributed to this by taking enforcement action to restrict the unwarranted and excessive use of increasingly powerful and affordable surveillance technologies. While the title of this code has changed to highlight its focus on the data protection implications of using CCTV and other forms of surveillance cameras, its objectives remain the same. It is designed to help those who use surveillance cameras to collect personal data to stay within the law.

The Court of Justice of the European Union (CJEU) issued its judgment in the case of Ryneš on 11 December 2014. In this judgment, the CJEU concluded that where a fixed surveillance camera faces outwards from an individual’s private domestic property and it captures images of individuals beyond the boundaries of their property, particularly where it monitors a public space, the recording cannot be considered as being for a purely personal or household purpose.

This decision does not mean that using such a Camera surveillance on construction sites is not possible but it does mean that individuals will have to ensure that its use is legitimate under the DPA. The CJEU made clear that use of cameras to protect a property in this way can meet the legitimate interest condition in the legislation. The ICO has produced a short complementary piece of guidance for the public on how to ensure the use of a surveillance camera on a private domestic property complies with the DPA.

 





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