Cameras in shops
Suppose you decide to spend the day shopping. You go into a shop and see a number of video cameras, some of them even in the changing rooms. You wonder whether this is allowed.
Shop owners are only permitted to install video cameras where this is necessary for the protection of their goods, customers and staff. This usually means that cameras are installed at the entrance to the shop, near shelves and at the cash desk. It is also normal for the owners of petrol stations to film you and their staff during opening hours in order to prevent hold-ups and to be able to use the images made as evidence later on. The important point is that it must be clear to everyone, before or when entering a shop, that video cameras have been installed. Shopkeepers might do this by displaying boards or stickers informing customers that video camera surveillance is used. Shopkeepers that fail to do this will be liable to punishment.
As a rule, the use of hidden cameras is not permitted. However, exceptions will apply where a high level of theft is experienced in a shop. Shopkeepers will only be permitted to use hidden cameras if they are unable to put a stop to the thefts occurring in their premises despite numerous other efforts on their part. Added to this, their use of hidden cameras must be temporary and infringe as little as possible on customers’ privacy.
You are entitled to expect the protection of your privacy when using changing rooms. Given this requirement, the use of cameras in changing rooms would be considered unacceptable.
Cameras in the workplace
Video cameras may be installed where necessary to protect a company or organisation’s legitimate interest. A legitimate interest could be protection against theft or damage. This usually means cameras are installed at the entrance, in the warehouse or in the workshop, for example. The important point is that it must be clear to everyone, before or when entering the workplace, that video cameras have been installed. Employers that fail to do so will be liable to punishment. Your employer could notify you that video camera surveillance is being used by means of boards or stickers to this effect.
As a rule, the use of hidden cameras is not permitted. However, where a high level of theft is being experienced within the organisation and your employer has a well-founded suspicion that one of his employees is committing an offence, he will be able to use a hidden camera. Your employer will only be permitted to do this if he is unable to put a stop to the thefts occurring in his premises despite numerous other efforts on his part. Added to this, his use of hidden cameras must be temporary and infringe as little as possible on his employees’ privacy.
You are entitled to expect the protection of your privacy when using
staff toilet facilities. Given this requirement, the use of camera surveillance
in staff toilets would be considered unacceptable. Where an organisation
has a works council, the employer must obtain its consent before using
(hidden) video camera surveillance. Where an organisation does not have
a works council, the contracts of employment issued to employees could
contain a clause providing for the temporary use of (hidden) video camera
surveillance in special circumstances, for example. In any event, your
employer would then be required to inform you of the use that might be
made of camera systems. For further information on this subject, please
see the brochure entitled Privacy: Checklist voor de Ondernemingsraad [Privacy:
Checklist for the Works Council], and the fact sheet entitled Cameras
in the Workplace [Camera’s op de werkplek].
Cameras in and around homes
Perhaps you are living in a block of flats in which the housing corporation has decided to install a video camera near the entrance in the interests of safety. However, you are wondering how your privacy and the privacy of people visiting you will be safeguarded. Video camera surveillance may serve the legitimate interest of protecting property and the residents living in the block of flats in question. As such, the housing corporation will be permitted to install a camera in order to protect a home or a block of flats. However, since the housing corporation is not responsible for monitoring the street, this is where is video camera surveillance must stop. The front doors and windows to people’s homes form another boundary. The presence of a video camera must be brought to the attention of individual users of the building in question by means of a board or sticker.
Where you suspect that a neighbour is stalking you with a video camera or webcam, you can confront him on this problem. In this situation, where images are being recorded for private purposes, the Wet bescherming persoonsgegevens (Wbp) [Dutch Data Protection Act], the implementation of which is supervised by the Dutch Data Protection Authority (Dutch DPA) [College bescherming persoonsgegevens (CBP)], will not apply. Since this is the case, you will be able to request the mediation of a community police officer if you find you are unable to resolve the situation with your neighbour. You could also opt to report this matter to the police or engage a lawyer to act on your behalf in court.
Cameras and the government
Video cameras are installed in the centre of
the municipality in which you live and near the through
road outside your house. You wonder whether this is allowed.
The government, i.e. municipalities and the police, are
permitted to use video camera surveillance on public
roads, such as those in nightspots, roads and squares,
where this is necessary for the proper performance of
public law duties. As such, video cameras may be used
to maintain public order, for road safety and for the
investigation of criminal offences. However, the government
may only do this where other measures have failed to
reduce the level of crime in the centre of your municipality,
for example. Video camera surveillance must be used in
conjunction with other measures, such as street lighting
and manned surveillance. Pursuant to the Wetboek van
Strafrecht [Penal Code], the government is obliged to
disclose all camera surveillance. Further rules and regulations
have been formulated in the Dutch DPA publication entitled
Camera’s in het publieke domein. Privacynormen
voor het cameratoezicht op de openbare orde [Cameras
in the Public Domain. Privacy Norms Applicable for the
Monitoring of Public Order by Means of Camera Surveillance].
For more information on the use of your data by the police,
see the fact sheet entitled Uw gegevens bij de politie [Your Data Held by the Police].
Your rights
Pursuant to the Wbp, you are entitled to request
information on your personal data from the data controller
and you are also entitled to the access to, and the supplementation,
correction, removal or blocking of, said data. You are
also entitled to lodge an objection to the use of your
data. In addition to the above, you are also able to
request that the police allow you access to correct,
supplement, remove or block your data. If you choose
to exercise your rights and a government body refuses
to comply, you are entitled to lodge an objection or
appeal. Government bodies are obliged to inform you of
the above. You may request that the Dutch DPA mediate
for you. For more information, see the fact sheet entitled
Mediation by the
Dutch DPA in Respect of Your Data [Bemiddeling door
het CBp inzake uw gegevens]. For information on your
rights, see the fact sheet entitled Data
Subjects and their Rights [Rechten van de betrokkene].
If you have any questions or complaints
Your first course of action must always be to
approach the organisation itself with any questions or
complaints you may have. If you believe that your personal
data have been used wrongfully and the data controller
fails to respond to your complaints, or fails to respond
to your satisfaction, refer to the fact sheet Your
Complaint and the Dutch DPA [Uw klacht en het CBP]
for information on the subsequent action open to you.
All Dutch DPA publications on video camera surveillance
can be found in the theme file Cameratoezicht [Camera Surveillance].