Observation by means of optical-electronic equipment, in particular video surveillance in companies, organizations and facilities, is becoming increasingly important. A wide variety of motives motivate those responsible to observe certain areas of their company, organization or institution by means of video surveillance equipment. Due to a possible violation of the right to informational self-determination and other provisions of data protection law, it is necessary for the assessment of the permissibility of video surveillance to examine each surveillance measure for its legality. This is done, among other things, in the context of a comprehensive weighing of the interests of the responsible body that wants to process and use collected video streams or video images on the one hand and the interests of data subjects worthy of protection on the other.
In addition to the existence of a concrete necessity of the surveillance measure, the suitability, proportionality and appropriateness of the measures in the context of video surveillance must be reviewed and determined. In this context, video surveillance may only be used as a last resort if milder means are not available, e.g., to safeguard the right of the premises, to prevent vandalism or to prevent criminal acts (ultima ratio).
In addition to the necessary review of the legality of video surveillance, the co-determination rights of works councils or employee representatives (MAV) must be observed. When video surveillance systems are used, a company guideline, a works agreement or a service agreement must be drawn up and concluded. Another necessity are regulations on the handling and storage of the accumulated data. Both access and the scope of processing must be clearly regulated. Depending on the technical equipment used and the scope of its functions, the analysis procedures used and the storage periods for personal data must also be designed in accordance with data protection requirements.
Our law firm will be happy to advise you on the use of optical-electronic equipment (video surveillance) and we can offer you the following services in this regard:
