EDPB Guidelines 3/2019 on Processing of Personal Data through Video Devices
Section 3: Lawfulness of processing – EDPB Guidelines 3/2019 on Processing of Personal Data through Video Devices

EDPB Guidelines 3/2019 on Processing of Personal Data through Video Devices 3.1.1: 3.1.1 Legitimate interest must be real and present, documented by incidents, and reassessed periodically

Video surveillance on legitimate interest needs an interest that actually exists now, not one that is speculative: a real situation of distress such as past damage or serious incidents should exist before surveillance starts, and controllers are advised to keep a record of incidents (when, how, what was lost) and of any criminal complaints. Local evidence of danger (neighbouring premises, area-specific statistics) can suffice, but national crime figures alone cannot. The interest and the necessity should be reassessed periodically, for instance yearly. Protecting property from burglary, theft or vandalism can be a legitimate interest in a real, hazardous situation; where the data subject objects, processing can continue only on compelling legitimate grounds or for legal claims. Public authorities performing their tasks cannot rely on legitimate interest.

Maintained by Gerard Blokdyk

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