Newsletter 44 – 15 March 2018 Read the same newsletter in Dutch here and in French here Al our Newsletter to read here
Modification of the camera legislation: what changes ? Frame: On 25 May 2018, the entry into force of the CAMERA LEGISLATION amendment will coincide with that of the GDPR, namely the European General Data Protection Regulation. Impact: The use
of
surveillance
cameras
increases
continuously,
as
well
as
their
technical
possibilities .
The new camera law wants to be a legislation that evolves over time and on which basis technology can be used while respecting the private lives of citizens. After all, the GDPR will also apply from 25 May 2018. The new camera law and the GDPR will both have to be applied, knowing that the GDPR continues to take precedence over the law. The text of this new camera law contains a series of changes that, directly or indirectly, can have an impact on the daily life of citizen. Below you will find the broad lines of the new law. Specific cases: You walk on the street In the case of fixed surveillance cameras used on public roads, the law explicitly states the following from 25 May 2018: ▪ Surveillance agents can, in accordance with the law on private security, and under the supervision of the police services, view in real time the images of the surveillance cameras installed in non-confined spaces; ▪ Access to the images is also allowed to the authorities and services that are responsible for the coordination of important events that may have an impact on public order and the safety of the population, and to monitor the evolution of emergency situations, the Minister of the Interior, the Crisis Center, the Emergency Planning Officer, ... You enter a store The camera system may be supplemented with a control screen that displays the images in public. This control screen is placed in the vicinity of this camera to enhance its preventive effect. This does not change the rule according to which the camera surveillance must be indicated by the official pictogram at the entrance to the guarded location.
You see a drone The use of mobile surveillance cameras (portable cameras, drones, body cams, ...) will be allowed in a confined location, only in three cases: ▪ Use by security officers in the context of their situational powers of the private security law (Article 142 of the Private Security Act); ▪ In confined places, or parts of these places, where no one is supposed to be present (uninhabited place, industrial site at night, shop outside opening hours, etc.); ▪ Use by a natural person for personal and domestic purposes in a private place not accessible to the public (owner of a large private property). Strict conditions will be set for regulating the use of such cameras, in particular with regard to the obligation to provide information to the authorities and citizens, and with regard to the registration and storage of the data. If this surveillance camera is a drone, it will also have to ensure that the Royal Decree on drones (Royal Decree of 10 April 2016 regarding the use of remote-controlled aircraft in Belgian airspace) is complied with.
You are filmed by an 'intelligent security camera' Until now, the law did not mention the intelligent surveillance cameras. From 25 May, the law will explicitly address the intelligent surveillance cameras. You can divide the intelligent cameras into two categories: ▪ Intelligent cameras that are not linked to personal data files (cameras that detect sounds, movements, etc.): these cameras will be admitted; ▪ Intelligent cameras linked to personal data files (number plate recognition, face recognition, etc.): only the ANPR cameras (cameras for license plate recognition) are allowed and the personal data file must be processed in accordance with the legislation on privacy.
You install a security camera In regards to the obligation to provide information to the authorities, two changes will occur: ▪
The surveillance cameras will only have to be reported to the police services, and no longer to the Commissio n for the protection of privacy. This declaration must always be updated. A new online declaration application will be developed (soon more information about the new declarations will be communicated);
▪
Those responsible for the processing of these data will have to keep an activity register concerning the processing of the images (this register can be electronic or not), with information determined by Royal Decree, and to make them available to the Data Protection Authority (new name of the Commission for the protection of privacy from 25 May) and the police services on request. The private person who wants to install a security camera in his own home for personal and domestic purposes, however, will not have to make a declaration, nor have to fill in a regi ster or use an icon (which as such does not mean that people can be filmed without their permission) .
Indeed, when a person installs a security camera in accordance with the camera law, but he also uses this camera for other purposes regulated by other laws, the camera law will prevail if the different provisions are incompatible. Courtesy of the General Directorate Safety & Prevention to report this new legal evolution.
I remain at your disposal for any further information. Yours truly Julie M.T. BOOST
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