4

Do I have to declare my CCTV system to the CNIL (Commission nationale de l'informatique et des libertés, which translates to "National Committee for IT and Liberties") if they are placed on a private property which is also the HQ of a company?

This web page indicates you have to declare any CCTV system that meet the following conditions: the cameras are recording a place not opened to public AND you're recording on some digital hardware.

On this web page, the penultimate line indicates you don't have to do anything if this is your home, but the last line says you have to declare it if you're having employees on the house.

The company HQ is the house of the company owner's parents. The house is fully owned by his parents. The company is fully owned by the owner.

So, the employees are not the house's owner's employees. Does it still qualify for the last line?

This is a contractor company, so the employees are not working all day long on HQ, they are just loading/unloading trucks.

2

The obligation to notify the supervisory authority (CNIL in your case) no longer exists. It was part of the previous regulatory framework, but it is not part of GDPR (which takes affect tomorrow).

If you use CCTV that may monitor employees (i.e. they sometimes enter the HQ to consult with the owner), your obligations under the GDPR is basically to inform the employees that the CCTV cameras are there.

I.e. Data subjects are entitled to understand when their personal data is being processed, covering the transparency aspect of processing. The use of CCTV must be communicated via signage which indicates the areas covered and instructions for further information.

  • Can you provide some references for this assertion? – Robin Thoni May 25 '18 at 14:07
  • 1
    THE EDPS VIDEO-SURVEILLANCE GUIDELINES (Brussels, 17 March 2010), section 4.3 stipulated prior checking by the supervisory authority for CCTV surveillance, with refence of Article 20 in Directive 95/46/EC ("Prior checking"). The equivalent Article in the GDPR is Article 35 (Prior consultation), where this requirement is softened and checking is no longer mandatory for CCTV. But if you doubt this, you can just contact CNIL and ask. – Free Radical May 25 '18 at 14:46

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.