Legal framework for video surveillance
The legal basis for a video surveillance of public spaces and squares of § 6b German Data Protection Act (Act) . This statute includes three main aspects, namely the earmarking, transparency and data minimization, care must be taken in a possible monitoring on.
CCTV cameras in public places
In plain language, this means that a video surveillance only under certain circumstances is permissible.The monitor should submit for public services, be necessary respecting the rights of the home or other legitimate interests and it must secondly outweigh any legitimate interests of persons. It must also be made to the monitoring and the responsible party must be named. Will violate these requirements, a fine against the responsible party may be charged.
The Federal Data Protection Act is jeodch only the relevant legal basis for a public monitoring, if no specific provisions exist for the case. The specific provisions are as the country’s data protection laws of the respective states. They specify the federal regulations. For the ecclesiastical field is ecclesiastical Privacy (KDO) the Catholic Church and the EKD DSG (Data Protection Act of the Evangelical Church) responsible.
Video surveillance in the workplace
A surveillance cameras in the workplace is always a serious interference with the right to privacy of the worker represents. Nevertheless, sometimes the employer has a legitimate interest to protect their property from eg theft. For this he needs a legitimizing legal norm. The conflicting legal positions have weighed in such cases against each other and it must be determined which interest prevails: The right to privacy under Article 1 and 2 GG or property right under Article 14 of the Basic Law and with the professional freedom under Article 12 of the Basic Law.
Regulated Concrete is a company video surveillance in §§ 6b BDSG and 32 and 28 BDSG . A distinction is made (eg premises, warehouse) between public and non-public areas. In the former, a monitoring is only allowed if it is necessary for the fulfillment of tasks by public bodies and third parties are not affected.The operation would have to agree with respect to the monitoring by the competent public authority.Essentially same is true as for the surveillance of public places.
Video surveillance home and in the private sector
When at home, each must draw up a camera, as long as no legitimate interests of third parties are affected by the fact. A camera may be attached to the house, for example, only, only if their own land is detected thereby.
If third regularly authorized enter the property, the camera may not detect those third parties, as there may be an interference with the right to privacy by the third party, which this does not have to accept.Also no cameras may for example be installed in windows, with which operations can be recorded on the road. The basis for this is also the Federal Data Protection Act.