Video surveillance is a widely used practice in charge of capturing or treating those images for surveillance purposes. On many occasions, companies hire these services to ensure the security of both assets and people in business environments.
However, the placement of these tools has sponsored controversy in society. Currently, the Law on Data Protection regulates Video Surveillance Services, so it is necessary to follow a series of rules that do not violate people’s right to privacy.
When the purpose of these services is to prevent infractions and prevent damage to the persons or property subject to protection or prevent unauthorized access, they will necessarily be provided by security guards.
The use of cameras or camcorders whose main purpose is the verification of the state of facilities or goods, the control of access to parking lots and garages, or the activities that are developed from the control centers and other points will not be considered as a video surveillance service., zones or areas of toll roads. These functions may be performed by personnel other than private security.
Video surveillance cameras that are part of mandatory security measures or reception systems and, where appropriate, response and alarm transmission, will not require administrative authorization for installation, use or use.
Recordings made by video surveillance systems may not be used for a purpose other than inspection purpose. When they are related to criminal acts or that affect security, they will contribute on their own initiative or at their request – they will help the competent Security Forces and Bodies, respecting the conservation and custody criteria of these for their valid contribution as evidence or evidence in police or judicial investigations.
The monitoring, recording, treatment and registration of images and sounds by video surveillance systems will be subject to the provisions of the regulations on the protection of personal data, and especially to the principles of proportionality, suitability and minimal intervention.
On the other hand, the question arises whether these recordings can be carried out in private sites and what they can or cannot record. The employer can hire the surveillance services whenever it is required. However, for said images or videos recorded to have legitimacy in a trial, the employer must notify their workers of their installation and location for their safety.
Cameras and camcorders installed in private spaces may not obtain images of public spaces unless it is essential for the intended purpose of surveillance. Otherwise, it is impossible to avoid it because of their location. In any case, any unnecessary data processing for the intended purpose should be avoided.
It has also been used to make a necessary clarification of the general principle of exclusion of private security from public spaces, whose current formulation, excessively rigid, has hindered or prevented the necessary authorization of services for the benefit of the citizen, which is now obsolete.
In relation to hidden cameras, these can be installed in private areas as long as:
- There are previous and concrete indications before their installation by the employer.
- Once the facts are known, they are installed immediately and proportionally, according to the facts to be investigated.
- They have a limited and extensible duration only to the facts that are investigated, not exceeding the stipulated time since their installation.
- The corresponding necessary actions are filed within the period established by law.
However, this does not mean that any natural or legal person can entrust private detectives with a specific investigation concerning a third party, but that this assignment must be motivated and justified by a legitimate interest. In addition, that is related to the person investigated and with the obtaining of information on private behaviors or facts, or with the investigation of prosecutable crimes only at the request of a party.
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