Rules for Video Surveillance on private Premises
More and more companies are using cameras on company premises to keep an eye on the behaviour of employees and customers. Video surveillance is intended to provide an incentive for correct behaviour and serve as evidence in the event of a dispute. However, there are several principles to be observed when using video cameras on private premises.
Swiss data protection law hardly regulates video surveillance in private companies. This is despite the fact that cameras are increasingly being used on private premises. For example, to give people a sense of security or to have evidence in the event of damage to property. However, there are various rules to be observed when using video surveillance in private companies.
1. Protective purpose: Surveillance without a reason is not permitted. Rather, video surveillance must be justified by an overriding public or private interest. This criterion is fulfilled, for example, if the surveillance serves to protect persons or property.
2. Recording area: The area in which video surveillance is permitted is locally limited to the own property. Consequently, surveillance is only allowed on the private premises. In addition, the recording may only cover the necessary area. For example, the camera set up by a jeweler to monitor his entrance area may not also film the entrance of the lingerie store next door.
3. Proportionality and appropriateness: Video surveillance must be proportionate and appropriate. This means that the intrusion into the privacy of the persons concerned, which video surveillance represents, must be in reasonable proportion to the purpose of protection. In addition, other protective measures must first be taken before video surveillance is used. For example, a jeweler must first install an alarm system or lockable showcases before he or she can use video surveillance.
4. Detectability: The persons concerned must be informed of the surveillance before entering the monitored area. In practice, this is usually done by means of a sign that informs about the video surveillance. The notice must also draw the attention of the persons concerned to their right to information under data protection law.
5. Deletion: Recordings that are not required must be promptly deleted. As a rule, this is the case after 24 hours, but at the latest after 48 hours.
6. Material protection: The recordings may only be evaluated by a limited number of persons. For example, by the security personnel of the company or the police. In addition, the video material must be protected against unauthorised access.
7. Special areas: Special rules apply to certain areas. For example, surveillance in cloakrooms or nudist areas of recreational facilities may be permissible if the (tacit) consent of visitors has been obtained by means of signs or contracts of use. In contrast, video surveillance is prohibited in individual changing rooms or toilet cubicles of department stores.
For businesses, it is advisable to clarify the permissibility of video surveillance before installing a camera in order to prevent later legal disputes.
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Source: Daniel Kettinger: «Videoüberwachung im privaten Betrieb: Ja, Aber korrekt!» in: Datenschutz aus der Praxis (01/19).
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