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Camera Surveillance Decree (Declaration v1.0)

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Camera Surveillance Decree (Declaration v1.0)

  1. 1. Royal Decree of 8 May 2018 relating to the declarations of the installation and the use of surveillance cameras and to the register of the image processing activities of surveillance cameras Unofficial English translation1 Translated by Florine De Ridder2 * * * Arrangement of chapters Chapter I. – Definitions Article 1 Chapter II. – Declarations of installation and use of surveillance cameras Article 2 - 6 Chapter III. - Register of the processing activities of surveillance cameras images Article 7 - 9 Chapter IV. – Repealing and final dispositions Article 10 - 12 1 This version is updated until 27 September 2018. 2 Florine De Ridder is a lawyer at the Bar of Brussels (Erkelens Law – www.erkelenslaw.com). The author would appreciate receiving comments or remarks in view of improving this translation at the following address: f.deridder@erkelenslaw.com.
  2. 2. Chapter I. - Definitions Article 1. For the purposes of this Decree, the following terms shall mean: 1° "the General Data Protection Regulation": Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC; 2° "the Act of 21 March 2007": the act of 21 March 2007 regulating the installation and the use of surveillance cameras; 3° "declaration": the declaration, by the controller, of the installation and the use of surveillance cameras, as referred to in Article 5, § 3, subparagraph 3, Article 6, § 2, subparagraph 3, Article 7, § 2, subparagraph 3, and Article 7/3, § 1, subparagraph 3, of the Act of 21 March 2007; 4° "the declarant": the person who submits a declaration of the installation or the use of surveillance cameras, being either the controller or the person designated by him; 5° "register of image processing activities": the register referred to in Articles 5, § 3, subparagraph 4, 6, § 2, subparagraph 4, Article 7, § 2, subparagraph 5 and Article 7/3, § 1, subparagraph 4, of the Act of 21 March 2007. Chapter II.- Declarations of installation and use of surveillance cameras Article 2. The declaration of the installation and the use of a surveillance camera system is introduced electronically through the centralized electronic one-stop-shop for the declaration of surveillance camera systems, made available by the Federal Public Service Interior Affairs. Access to this electronic one-stop-shop is free and shall take place in three manners: 1° by means of the electronic identity card of the declarant; 2° by means of a unique security code delivered to the declarant by means of a mobile application; 3° by means of a "citizen token" delivered to the declarant, on request, by the Directorate-General Digital Transformation of the Federal Public Service Policy and Support. If the controller is a legal person, a public authority, or an unincorporated association, the declaration shall be introduced by a person who can represent it. In case of joint liability for the processing, the declaration shall be introduced, by mutual agreement, by a single controller.
  3. 3. Article 3. If the surveillance camera system is connected to an emergency call centre, the controller may designate this emergency call centre to enter the declaration on his behalf. If the controller does not have an electronic identity card, a unique security code delivered by means of a mobile application, or a citizen token, he may entrust a member of the police forces or a member of the Federal Public Service for Interior Affairs designated in the electronic application as having the function of “proxy-user” with the declaration. In the cases referred to in this article, the delegation shall be proven by means of a writing signed by the controller. Article 4. A declaration shall be introduced for every area monitored by cameras. If several areas are monitored by the same surveillance camera system, the declarant may register these different locations within the same session, without re-entering his identification data. Article 5. §1. The declaration shall contain the following information: 1° the identification of the declarant; 2° if the declarant is not a controller, the identification of the controller; 3° the type of area concerned, namely an unenclosed area or an enclosed area; 4° the main address of this area; 5° the type of surveillance cameras, namely fixed or mobile cameras; 6° the location of the surveillance cameras; 7° in case of an enclosed area, whether these surveillance cameras are connected to an alarm system; 8° the location of the image processing; 9° whether the surveillance cameras operate permanently; 10° whether the images are recorded, and if this is the case, whether this recording takes place continuously, as well as the retention period of the images; 11° whether real-time viewing is organized; 12° the contact person for the access to the images and the contact details of this person; 13° the declaration that the surveillance camera system complies with the principles set out in the Act of 21 March 2007 and the legislation regarding the protection of personal data.
  4. 4. If the declaration concerns an unenclosed area, the date of the positive advice of the competent municipality council shall also be indicated, as well as its duration of validity, for temporary surveillance cameras or mobile surveillance cameras for the automatic number plate recognition, except in the cases referred to in Articles 5, § 2, subparagraph 3 and Article 5, § 2/1, subparagraph 7 of the Act of 21 March 2007. §2. The principal address of the monitored area shall be indicated by mentioning the address of the monitored area or a reference address, in case of temporarily fixed surveillance cameras or mobile surveillance cameras installed in an unenclosed area, or in case of fixed surveillance cameras installed in an area covering several addresses or used to monitor the interior of one or more vehicles. The localization of the fixed surveillance cameras is done by marking the location of the surveillance cameras on the geographical map integrated in the form. The declarant may also complete the table annexed to the form, indicating the geographical coordinates and the azimuth of each surveillance camera. If the surveillance cameras are mobile, their localization shall be determined: 1° by describing the perimeter of use, as mentioned in the positive advice of the municipality council, if it concerns an unenclosed area; 2° by mentioning the address of the area, if it concerns an enclosed area. If the surveillance cameras are temporarily fixed surveillance cameras, their location shall be determined: 1° if it concerns an unenclosed area and in case these surveillance cameras are installed to monitor a specific event, by marking the location of the temporarily fixed surveillance cameras on the geographic map included in the form; 2° by describing the perimeter of use, where applicable as mentioned in the positive advice of the municipality council, if it concerns an unenclosed area and if the surveillance cameras are intended to be moved regularly; 3° by marking the location of the temporarily fixed surveillance cameras on the geographic map included in the form, if it concerns an enclosed area. If the area monitored by the cameras is the interior of one or more vehicles, the surveillance camera or cameras shall be localized by mentioning in the form, or in the table annexed to it, the identification number and/or the license plate number of the vehicle or the vehicles monitored by cameras. A single declaration may concern different types of surveillance cameras, provided they are used in the same area. §3. The declarant may, in the description of his surveillance camera system, add other information on the surveillance cameras that are the subject of the declaration, in particular technical information. §4. The contact person referred to in §1, 12°, is the person who can directly respond to a police request to access the images or to a request to obtain a copy of them.
  5. 5. Several contact persons may be designated in a same declaration. Article 6. The declarant may at any time consult, modify or delete the information he has submitted. In case the surveillance camera system he has declared is out of service, he shall report this as soon as possible. He shall verify the accuracy of his declaration at least annually and shall validate it and, if necessary, update the declared information. In the absence of an annual validation, the information may be considered invalid and may be deleted from the database. CHAPTER III. - Register of the processing activities of surveillance cameras images Article 7. In accordance with Article 30, §1 of the General Data Protection Regulation, the register of image processing activities shall contain the following information: 1° the name and contact details of the controller and, where applicable, the joint controller, the controller's representative and the data protection officer; 2 ° the purposes of the processing; 3 ° a description of the categories of data subjects and categories of personal data; 4 ° the categories of recipients of the personal data, including recipients in third countries or international organisations; 5° where applicable, transfers of personal data to a third country or to an international organization, including the identification of that third country or international organization and, in case of transfers referred to in Article 49 §1, subparagraph 2, of the General Data Protection Regulation, documents proving the existence of appropriate safeguards; 6 ° the deadlines for the deletion of the different categories of data, namely the retention period of the data, if the images are recorded; 7 ° a general description of the technical and organizational security measures referred to in Article 32, §1 of the General Data Protection Regulation, including the security measures taken to prevent access by unauthorized persons and those taken in connection with the communication of data to third parties.
  6. 6. Article 8. In addition to the information referred to in Article 7, the register of image processing activities shall also contain: 1 ° the legal ground for the processing; 2 ° the indication of the type of area; 3° the technical description of the surveillance cameras and, in the case of fixed surveillance cameras, their location, where applicable, indicated on a plan; 4° in the case of [temporarily fixed] or mobile surveillance cameras, the description of the locations monitored by these surveillance cameras and the periods of use;3 5 ° the mode of information about the processing; 6 ° the location of the processing of images; 7 ° whether real-time viewing is organized and, where applicable, how it is organized. In the case of surveillance by camera of an unenclosed area or surveillance cameras directed towards the perimeter of an enclosed area in accordance with Article 8/2 of the Act of 21 March 2007, the register shall also contain, where applicable, the positive advice of the competent municipality council. Article 9. The controller shall retain this register as long as he processes images with surveillance cameras. He shall ensure that this register is kept up to date by regularly verifying the accuracy of the information it contains. CHAPTER IV.- Repealing and final provisions Article 10. The Royal Decree of 2 July 2008 concerning the declarations of the installation and the use of surveillance cameras is repealed. Article 11. This Royal decree shall enter into effect on 25 May 2018. Article 12. Our Minister of Interior Affairs is charged with the execution of this Royal Decree. 3 The published text mentions “temporary” surveillance cameras.

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