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 3.1.3: 3.1.3 Balancing is mandatory and made case by case, weighing the intensity of the intrusion

Even where surveillance is necessary it may run only if the legitimate interest is not overridden by data subjects' interests and rights; the balance is mandatory and must be struck case by case, not by reference to abstract or similar cases. What decides it is how intense the intrusion is, shaped by the type of information, its scope and density, the size of the area, the number and proportion of people affected, the situation, their interests, the alternatives and the nature of the analysis. A dashcam kept for accident evidence, for example, must not record traffic and people by the road constantly.

Maintained by Gerard Blokdyk

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