More and more companies and private individuals are using surveillance cameras. Should the surveillance camera record images with or without sound? There is some difference here for privacy law. It is common to record surveillance images without sound, but in some situations recording sound is still desirable. See what the law says about this.
Security cameras outside or inside
There is a big difference between outdoor and indoor security cameras. If cameras are hanging outside and filming the street scene or public road, you are obliged to warn about this. But certain rules also apply inside. For example, you are not allowed to secretly film visitors or employees. But monitoring in your own home is allowed without giving any warning. You must always take the privacy of neighbors, visitors or passers-by into account. A camera may not simply violate the privacy of others.
What about recording sound?
Surveillance cameras with or without audio recordings are available. Most security cameras will not record and capture sound. But they are there, for example a surveillance camera with microphone connection . You may record conversations, but only if you are a participant in the conversation. So you cannot just make audio recordings.
Images and audio as evidence
Do you suspect fraud, crime or other matters for which you want to collect evidence? Then you may capture images unnoticed or visible. You can also collect audio recordings as evidence. Please note that in principle you are punishable, but that these recordings are often accepted as evidence. It all depends on the situation. We then speak of a legitimate interest.
Basis for legitimate interest
You may not simply process personal data, including image recordings or audio recordings of people. Unless you can rely on one of the bases from the General Data Protection Regulation. Well-known examples are protecting your property or privacy, recording inappropriate behavior in work situations, fraud, scams or fulfilling your duty of care. Making security images with sound is not permitted if this only has a commercial purpose. Or when you have no good reason at all to monitor the behavior of customers, employees or passers-by.
Storing surveillance images
You may not keep surveillance images indefinitely. There is a statutory retention period of four weeks (28 days). After this period you must delete the images. In some cases it is necessary to keep images longer, for example in the event of theft, fraud or scam. Then you can keep the images longer and you must hand them over to the police. What about preserving audio recordings? According to the law, there is no fixed period for this. In any case, conversations should not be kept longer than is really necessary. To be on the safe side, choose a maximum retention period of four weeks, just like the retention period of surveillance images.
Choose good quality surveillance cameras
When a surveillance camera not only needs to record images but also conversations, it is important to choose a good quality camera. Poor image quality or noise in the conversation reduces the chance that this can serve as evidence. Therefore, pay close attention to the specifications and especially the quality.
