Camera surveillance decree (Authorised Persons)

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Royal Decree designating the categories of persons allowed to view real-time images from surevillance cameras (Belgian Camera Surveillance Act)

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Camera surveillance decree (Authorised Persons)

  1. 1. Royal Decree of 9 March 2014 designating the categories of persons that are authorised to view real-time images of surveillance cameras placed in unenclosed areas and determining the criteria which these persons have to comply with Unofficial English translation – Consolidated version1 Translated by Johan Vandendriessche2 * * * Article 1. The persons that are authorised to view the images of surveillance cameras installed in unenclosed ares in real time, shall be appointed from the following categories, in consultation with the data controller for the processing for unenclosed areas as referred to in article 5, §1 of the Act of 21 March 2007 governing the installation and the use of surveillance cameras: 1° the police officers; 2° the members of staff of the administrative and logistical departments of the police forces; 3° the servicemen that have been assigned to the administrative and logistical departments of the police forces in accordance with the Act of 16 July 2005 governing the assignment of some servicemen to a public employer, during the period preceding their appointment within the administrative and logistical departments. These persons are appointed by the chief of police of the concerned police area or, as the case may be, by the head of department or the concerned director of the federal police. Article 2. During the viewing of the images in real time, the authorised persons referred to in article 1 shall have a permanent communication link with the police force that supervises their viewing of the images. During the viewing of the images, if they establish a fact that qualifies as an offence, damage or a nuisance, or if they establish an element or an indication inducing them to think that such an act is being prepared or shall be committed, these persons shall immediately inform this police service of this element or indication. 1 This version is consolidated to 11 April 2014. 2 Johan Vandendriessche is a lawyer at the Bar of Brussels (crosslaw – www.crosslaw.be). The author would appreciate receiving comments or remarks in view of improving this translation at the following address: j.vandendriessche@crosslaw.be.
  2. 2. Article 3. The persons appointed in accordance with article 1 may only view the images if they have followed an 8-hour training, the programme of which consists at least of the following courses in addition to practical exercises: 1° Principles of observation and recognition of behaviour and situations that have to be reported in the context of the camera surveillance, including the basic principles of the legislation in relation to the protection of privacy in relation to the processing of personal data and in particular the Act of 21 March 2007 governing the installation and the use of surveillance cameras; 2° Function of an operator and Functie van operator en deontology. A uniform syllabus, approved by the Minister of Internal Affairs, shall be provided to the persons following the training. Article 4. The traning described in article 3 shall be provided by the police schools, mentioned more particularly in article 142bis of the Act of 7 December 1998 organising an integrated police service, structured at two levels, that have been appointed by the Minister of Internal Affairs or the person appointed thereto by him, after having demonstrated that they can correctly provide the training described in article 3. The Minister of Internal Affairs shall request the police school to file a candidacy to that end. Article 5. In order to be appointed, the training instituions referred to in article 4 have to: 1° engage themselves to provide the training with a training programme that contains at least the minimum programme established in article 3; 2° provide the syllabus referred to in article 3 to the students; 3° have the necessary didactic material to provide the training in accordance with the purposes of this decree. Article 6. The Minister of Internal Affairs is charged with the implementation of this decree.

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