Legality of the use of video surveillance cameras in companies

Video surveillance systems allow the recording of personal information in video format. However, many companies are still unclear about the obligations and requirements to be met when installing security cameras.

In this article we will try to solve doubts about the regulations on surveillance cameras. Where can they be placed? Who can have access to the images? Is it necessary to request consent from the affected persons?

What does the law say?

The LOPDGDD (Organic Law on Data Protection and Guarantee of Digital Rights), adapts the European regulations to the Spanish framework and, in article 22 of this Law refers to the processing for video surveillance purposes, stating the following:

“Natural or legal persons, public or private, may carry out the processing of images through camera or video camera systems for the purpose of preserving the security of persons and property, as well as their facilities.”

How to adapt the use of video surveillance cameras to data protection regulations?

The images recorded with video surveillance cameras will be stored in a separate file, and these images can only be stored for a maximum period of one month.

It is not mandatory to obtain explicit consent from the persons to be recorded, but the use of such images must comply with the principle of proportionality.

What is mandatory is to inform the interested parties about the use of surveillance cameras, for example by posting information signs.

Cameras may only be placed in certain places provided for by law. Under no circumstances may they be placed in places where they violate the rights and freedoms of individuals or infringe on their right to privacy, intimacy or self-image (such as locker rooms, bathrooms, rest areas, common areas, etc.).

Access to images from security cameras cannot be public but will be limited to the person responsible for the processing or, if applicable, to the security personnel in charge of processing the images within the company.

How long are security camera images stored?

One of the main doubts that users have about the current regulations on surveillance cameras is when they have to delete the video surveillance images stored on their cameras.
These can be stored for a maximum of 30 days.
However, in the case of a credit institution, they can only store them for 15 days.
You must take into account that these recordings cannot be deleted if they have been requested by the judicial authority in the framework of a legal investigation. If this is the case, once the 30 days have elapsed we must store them in a safe place and they cannot be kept or made any kind of copy once they have been collected by the relevant authorities.

If you still have doubts and need to comply with the regulations on surveillance cameras, in Micgrup we have the solution. We are a company specialized in data protection for companies, we help you to comply with data protection regulations!

Thanks to our expert consultants we can offer you the best solutions adapted to your business, following at all times the news of the law so you do not have to worry about anything. If you want to avoid problems and penalties for your business, contact us and find out if you comply with the regulations on surveillance cameras in companies, call us!