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Section 4 Video surveillance of publicly accessible spaces

(1) Monitoring publicly accessible areas with optical-electronic devices (video surveillance) shall be permitted only as far as it is necessary

  1. for public bodies to perform their tasks,
  2. to exercise the right to determine who shall be allowed or denied access or
  3. to safeguard legitimate interests for specifically defined purposes

and if there is nothing to indicate legitimate overriding interests of the data subjects. For video surveillance of

  1. large publicly accessible facilities, such as sport facilities, places of gathering and entertainment, shopping centres and car parks, or
  2. vehicles and large publicly accessible facilities of public rail, ship or bus transport,

protecting the lives, health and freedom of persons present shall be regarded as a very important interest.

(2) Appropriate measures shall be taken to make the surveillance and the controller’s name and contact details identifiable as early as possible.

(3) Storing or using data collected pursuant to subsection 1 shall be permitted if necessary to achieve the intended purpose and if there is nothing to indicate legitimate overriding interests of the data subjects. Subsection 1, second sentence, shall apply accordingly. The data may be further processed for another purpose only if necessary to prevent threats to state and public security and to prosecute crimes.

(4) If data collected from video surveillance are attributed to a particular person, that person shall be informed of the processing in accordance with Articles 13 and 14 of Regulation (EU) 2016/679. Section 32 shall apply accordingly.

(5) The data shall be deleted without delay, if they are no longer needed for the intended purpose or if the data subject’s legitimate interests stand in the way of any further storage.