The legal situation regarding surveillance of publicly accessible spaces depends on the
respective federal state. As a matter of principle, the respective data protection act
Application. In Lower Saxony, for example, camera surveillance is generally permitted, provided that
this serves a specific interest or purpose in terms of the public. In
In this context, for example, the protection of persons and property as well as the
Exercise of domiciliary rights as corresponding public duties. Also in this case,
that this does not violate the fundamental rights and freedoms of the persons concerned vis-à-vis the
may outweigh the public interest.

First of all, it is necessary to determine whether the use of camera surveillance is actually required
is. The focus is on whether the intended purpose can be achieved without the use of video technology. The protection of the fundamental rights of the persons concerned has the following
highest priority. Provided that there is another reasonable and lawful means of
intended task, camera monitoring is not necessary. Therefore it is in
not permissible in these cases either. For example, by attaching a
Surveillance camera prevented motorists from driving at night on a
Business parking. However, this goal can equally be achieved by setting up a
barrier can be reached. A camera is therefore not required in this case and thus the
Video surveillance also not allowed.

It is also necessary to review the extent to which comprehensive monitoring is actually being
is necessary or whether it is sufficient to film only in a few places or at certain times.
Not in every case where such monitoring is required, it is allowed. The
Protection of the persons concerned and their rights is always in the foreground. When
there are indications that the fundamental rights and freedoms of the data subjects are being violated.
the use of video technology is not permitted. An example of this would be
the monitoring of locker rooms. This is not allowed because the rights guaranteed by the fundamental rights
protected interests of the data subjects more serious than the pursuit of a potential
Offense are.

In the case of surveillance by means of video technology, the intention pursued must always be in a
reasonable relationship to the fundamental rights of the individual concerned. One
The use of video technology represents a particularly intensive encroachment on these rights.
if the respective persons concerned behave in accordance with the law and do not have any
Give cause for monitoring. This is a significant curtailment of fundamental rights.
it is also worthwhile if the persons concerned are under constant observation and the
cannot escape monitoring. This applies, for example, to camera surveillance of a
elevator or the entrance area of a residential building.

For the above reasons, before installing a surveillance camera must always check
The extent to which surveillance interferes with fundamental rights, freedoms, and other rights of
interests of third parties that are worthy of protection. It is also important to consider which
consequences may result for the persons concerned.

The underlying law always requires a balancing of interests. This must
be made on the basis of the respective individual case. In particular, the fundamental rights of children are
to note.

No, making audio recordings is not permitted. The legal basis for the
Camera surveillance only include image recording. Sound recordings, on the other hand, are made in the
Text of the law not mentioned. Does the recorder have an additional audio function,
it is essential to deactivate it.

The GDPR does not contain any specific regulation on how long stored video material can be
may be stored. Furthermore, there is as yet also no state law in this regard.
Regulations. Therefore, the general data protection laws apply in this case.
Accordingly, recorded data must be deleted without delay if it is no longer necessary for tracking the
are no longer necessary for the intended purposes, or if further storage is not necessary for the
interests of the persons concerned that are worthy of protection. For this reason, all recordings showing only uninvolved persons behaving in accordance with the law must be deleted immediately.

Usually, a storage period of one to two days is sufficient to determine if
video data is relevant, for example, for the preservation of evidence and must be stored for a longer period of time.
Within 48 hours, the stored data should therefore be deleted in view. Only in
some exceptional cases, a longer storage period is permitted. It is generally recommended,
delete the recordings as soon as possible.

Yes, camera surveillance must always be pointed out. Otherwise this is not
permissible. So, in any case, you need to put signs. These must have additional
Information about the responsible body, the purpose of the monitoring, the concrete
storage period and include all aspects relevant with regard to data protection.

It may be necessary to perform a data sc
protection impact assessment (DSFA) is required.
This is the case insofar as the processing of personal data involves a high risk of
for the fundamental rights and freedoms of the persons concerned arises or public areas in
subject to systematic monitoring on a large scale.

For operating a “doorbell camera” that, when a front doorbell is triggered for a short time
is active, a DSFA is not necessary.

For video cameras, for which a prior check was already required under the previous legal situation
has been carried out, a DSFA does not necessarily have to be performed. However, if
significant changes have been made, however, this is necessary. All
Preliminary controls therefore retain their validity, but must be reviewed after some time.
All non-public entities must appoint a data protection officer, provided that
a DSFA is required.

In addition, camera surveillance must be included as a processing activity in your directory of
be recorded. Provided they serve the same purpose, several cameras can be used.
be combined under a single point.

When transferring the surveillance recordings to third parties, a contract must be signed for the processing of the
Order acc. Art. 28 of the Basic Data Protection Regulation.