Cameras in a supermarket, café or swimming pool, is that allowed? Camera surveillance in or around a shop,…
Cameras in a supermarket, café or swimming pool, is that allowed?
Camera surveillance in or around a shop, hospitality venue or sports club can help to protect property, customers and staff. However, business owners must meet a number of conditions before they may install cameras. They must also ensure that the intrusion on the privacy of customers and staff is kept as small as possible. A camera in a fitting room, changing room or toilet goes too far.
Legitimate interest
The business owner must have a so-called legitimate interest for the camera surveillance. For example, preventing theft or protecting customers and employees.
Necessity of camera surveillance
Camera surveillance is only permitted if it is necessary. This means that the business owner cannot achieve the purpose in another way. Is there no other option that is less intrusive on privacy? The camera surveillance may also not stand on its own. It must be part of a complete package of measures.
Privacy test
The business owner must first carry out a privacy test. This means that he weighs the interests of customers and staff against his own interest.
Duty to inform about camera surveillance
Before customers enter, they must be able to know that camera surveillance is in place. The business owner must make this known, for example by putting up signs. If he does not do so, he may be committing an offence.
Retention period for camera footage
The business owner may not keep the camera footage for longer than 4 weeks. But has an incident been recorded, such as shoplifting? Then he may keep the footage until it has been dealt with.
Are surveillance cameras allowed in a care institution?
Yes, under certain conditions a care institution, such as a hospital or nursing home, may install surveillance cameras. This is allowed if it is necessary to protect, among other things, people, buildings and property. But the intrusion on your privacy must be kept as small as possible.
Duty to inform about camera surveillance
The care institution must ensure that everyone knows that camera surveillance is in place. For example, by putting up signs. If the care institution does not do this, it may be committing an offence.
Hidden cameras prohibited
Covert camera surveillance (surveillance with hidden cameras), where people are not aware of the cameras, is not permitted.
Source: Dutch Data Protection Authority (College Bescherming Persoonsgegevens)
