The Friday June 29, 2018 the Spanish Agency of Protection of Data (AEPD) published the new guide on the use of camcorders for security and other purposes, updating, adapting and systematising his criterion to the standards of the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relative to the protection of the physical people regarding the treatment of personal data and to the free circulation of these data (GDPR).
Already we know that the GDPR deletes the registration of files, but forces to the majority of professionals to have his Register of Activities of Treatment (RAT). The catchment of images considers a treatment more. Therefore, it needs that have a file on personal data obtained by means of video surveillance. The majority of catchments of images already are photographic, already are of video surveillance have to fulfil what stipulates the GDPR.
Now well, there are cameras that allow it viewing in real time, but that they do not record the images. Before coming into force it Regulation these were excluded to be included in the files, but at present the RGPD forces to have them inscribed in a file. For all, the catchment of images in alive, although they are not recorded, can reach consider a treatment of personal data and has to be included in the register of activities of treatment of the company.
Now well, the GDPR does not apply when the cameras are mock, since it does not produce a treatment of personal data of physical people. But has to take into account that if it treats of real cameras disabled or that can be actuated without excessive efforts, will have to apply the valid principles in matter of protection of personal data and the sectorial rule that result of application.
The catchment and broadcast of images with promotional purpose remains excluded of the fulfilment of the RGPD when the images do not affect to identified or identifiable people. Only if can identify a person through the images caught has to be the treatment subjected to what has the RGPD. We imagine the tourist images of promotion of a beach or the images of observation of the state of the sea for the practical of aquatic sports. Then if they cannot recognise the people, these remain out of the dictates it Regulation. If can reach identify somebody, then goes in an activity of treatment and has to fulfil the GDPR.
If the cameras are implanted in public places they are govern for the organic law 4/1997 of 4 of August that regulates the use of camcorders for the Strengths and Bodies of Security, being they the only competent to install cameras in public places. All the public administrations have to fulfil with the RGPD. Also the cameras installed to the public road.
Neither are they subjected to the normative of protection of data the treatments in the personal and domestic field. The RGPD does not apply in the treatment of images affected by a physical person in the exercise of activities exclusively personal or domestic.
Which happens with the images of the social networks published by a particular? And for a particular that acts for a company? As the AEPD if an user of the social networks acts on behalf of a company or of an association or uses it how a platform with commercial purposes, political or social, the exception of the personal or domestic field does not apply. These treatments already are publications of videos or of pictures, have to fulfil with the RGPD and have to subject to all his demands. The headline would be the company or association that would obtain an advantage with this promotion, advertising, publication or what treated.
Finally we have to speak about the publication of images in the media, fact that supposes an exercise of the right to the freedom of expression and information that confers them the article 20 of the Spanish Constitution. In these cases, and when have seen violated the right to the protection of data of personal character, have to ponder between the right to the freedom of expression and information and the right to the privacy, to know which prevails on the other.
If you want to know more on exclusions video surveillance and in catchment of images and normative of protection of data can put you in contact with us to info@dataprotection.cat
