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 3.3(a): 3.3(a) Consent only exceptionally, and then from everyone entering the monitored area

Consent has to meet the Article 4(11) standard; for systematic monitoring it can be a legal basis only exceptionally, because cameras capture many unidentified people simultaneously and the controller will struggle to prove consent before processing or that processing stopped after withdrawal. A controller relying on consent must make sure every person entering the monitored area has consented under Article 7; walking into a marked area or through a designated gate is not a clear affirmative act unless it meets Articles 4 and 7.

Maintained by Gerard Blokdyk

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