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Camera Surveillance Decree (Notification by pictogram)

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Updated version of the camera surveillance decree.

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Camera Surveillance Decree (Notification by pictogram)

  1. 1. Royal Decree of 10 February 2008 establishing the manner in which camera surveillance must be notified Unofficial English translation – Consolidated version1 Translated by Johan Vandendriessche and Florine De Ridder2 * * * Article 1. The pictograms, referred to in article 5, § 3, fifth section of the Act governing the installation and the use of surveillance cameras, hereafter “the Act”, as well as the pictograms referred to in article 6, § 2, fifth section and article 7/3, § 2, second section of the Act, placed at the entrance of an enclosed area accessible to the public, the entrance of which is not demarcated by an immovable edifice, meet the following requirements: 1° they are the size 0,60 x 0,40 m; 2° they meet the requirements of the model and the colours of the model enclosed as annex to this Royal Decree; 3° they consist of one single aluminium plate at least 1,5 mm thick. If the entrances cannot be distinguished in an unenclosed area, the controller shall determine the places where the pictograms referred to in article 5, §3, third section of the Act, shall be fixed in order to ensure a degree of accessibility to the information. Article 2. The pictograms referred to in article 6, § 2, fifth section and article 7/3, § 2, second section of the Act, placed at the entrance of an enclosed area accessible to the public, the entrance of which is demarcated by an immovable edifice, meet the requirements referred to in article 1 of this Royal Decree or the following requirements: 1° they are the size 0,297 x 0,21 m or 0,15 x 0,10 m; 2° they meet the requirements of the model and the colours of the model enclosed as annex to this Royal Decree; 3° they consist of one single aluminium plate at least 1,5 mm thick or of a plasticized sticker. 1 This version is consolidated to 31 August 2018. Bibliographical information can be found at the end of this document. 2 Johan Vandendriessche is a lawyer at the Bar of Brussels (Erkelens Law – www.erkelenslaw.com) and a Visiting Professor in ICT Law at the University of Ghent (UGent) and at the HoWest University of Applied Science. Florine De Ridder is a lawyer at the Bar of Brussels (Erkelens Law – www.erkelenslaw.com). The authors would appreciate receiving comments or remarks in view of improving this translation at the following address: johan.vandendriessche@erkelenslaw.com or f.deridder@erkelenslaw.com. The authors would like to express their thanks to Stephen Mason for the assistance in this translation.
  2. 2. The controller must ensure that the chosen model of pictogram conveys with certainty the information in a visible manner, taking into account amongst other things the width and the size of the entrance and, possibly, the number of affixed pictograms. Article 3. The pictograms referred to in article 7, §2, sixth section and article 7/3, § 2, second section of the Act, placed at the entrance of an enclosed area not accessible to the public ,meet the requirements referred to in articles 1 or 2 of this Royal Decree, or the following requirements 1° they are the size 0,15 x 0,10 m; 2° they meet the requirements of the model and the colours of the model enclosed as an annex to this Royal Decree; 3° they consist of one single aluminium plate at least 1,5 mm thick or of a plasticized sticker. The controller must ensure that the chosen model of pictogram conveys with certainty the information in a visible manner, taking into account, amongst others, the width and the form of the entrance and possibly, the number of affixed pictograms. Article 3/1. The pictograms referred to in article 7/3, § 2, first section, 1 °, of the Act, affixed to the vehicles on which are placed mobile surveillance cameras for automatic number plate recognition, must meet the following requirements; 1 ° they are the size 0,297 x 0,21 m or 0,15 x 0,10 m; 2° they meet the requirements of the model and the colours of the model enclosed as annex to this Royal Decree; 3 ° they consist of a plasticized sticker. The controller must ensure that the information is clearly visible, having regard to the type of vehicle on which the pictogram is affixed and the number of pictograms affixed. Article 4. Moreover, on the pictograms referred to in the article 1 to 3 of this Royal Decree, or on an affixed support, the following text must be mentioned in a visible and legible manner: 1° "Camera Surveillance – Act of 21 March 2007"; 2° the name of the physical person or the legal entity that is the controller and, as the case may be, his/her representative with whom the data subjects can exercise the rights referred to in the General Data Protection Regulation 3° the postal address and, as the case may be, the e-mail address or the telephone number where the controller or his representative may be reached. 4° when applicable, the contact details of the data protection officer;
  3. 3. 5° when applicable, the controller’s website, where the data subjects can consult all information on image processing by means of these surveillance cameras. If this information is drafted in several languages, they may be mentioned in several unilingual pictograms or affixed support. In case of camera surveillance using automatic number plate recognition, the mention “ANPR” must be added in clearly visible black capital letters on the pictogram, inside the drawing of the surveillance camera. Article 5. Our Minister of Interior Affairs is charged with the execution of this Royal Decree. Done at Brussels on 10 February 2008. ALBERT On the King’s behalf The Minister of Interior Affairs P. DEWAEL
  4. 4. ANNEX Bibliographical information3 Royal Decree of 10 February 2008 establishing the manner in which camera surveillance must be notified (Belgian State Gazette of 21 February 2008). Royal Decree of 21 August 2009 modifying the Royal Decree of 10 February 2008 establishing the manner in which camera surveillance must be notified (Belgian State Gazette of 25 September 2009). Royal Decree of 28 May 2018 modifying the Royal Decree of 10 February 2008 establishing the manner in which camera surveillance must be notified (Belgian State Gazette of 1 June 2018). An official, non-consolidated German translation of the Royal Decree of 10 February 2008 was published in the Belgian State Gazette on 24 November 2008 (corrigendum published in the Belgian State Gazette of 15 December 2008). This text can also be consulted on the website of the Central Service for German Translation – Commission for German legal terminology (Ministry of Internal Affairs) (http://www.scta.be/MalmedyUebersetzungen/downloads/20080210AR.pol.doc). It is important to verify the consolidation date. 3 This chapter provides an overview of the acts that are incorporated in this consolidated version. Reference is made to the official title of the act and its publication date.

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