Don’t get me wrong, I love it!
But is it GDPR compliant given that people walk up to a camera that will broadcast their image outside of their country?
See also this news story and this one
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Thanks @DavidSiegel– kisspuskaJul 5, 2021 at 21:31
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1 Answer
This is most likely OK. Yes, this installation involves the processing of personal data by capturing video feeds. However, this is likely covered by a legitimate interest in doing so. And a real-time video feed is less sensitive than the recording of the installation (such as the video you linked) since the feed is only visible to a small number of people who are in a particular public location. Since the feed is bi-directional, data subjects have a reasonable expectation of being seen, thus supporting a legitimate interest argument. The most difficult part of this installation would be adequate notice per Art 13 GDPR. For more guidance on usage on video cameras, consider EDPB guidelines 3/2019, but they are mostly focused on video surveillance.
That the video feed is transferred to a different country does not matter, since both countries are in the EU. So no international transfer in the sense of Art 44 GDPR has taken place.
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This answer would be a lot better if it discussed the actual provisions of the GDPR.– phoogJul 5, 2021 at 22:17
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2@phoog I've updated the answer to go into a bit more detail, but it's difficult to analyze this in detail unless further circumstances are known, e.g. signage surrounding the installation. If you want sources, please read EDPB guidelines 3/2019. But OP specifically asked about international transfers, and it is perfectly clear that the GDPR doesn't restrict transfers within the EU (if the data processing is otherwise legal).– amonJul 6, 2021 at 7:45