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Intersection of video analytics and EU legislation - Ida Koskinen

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VIDEOANALYTICS AND
EU LEGISLATION
Ida Koskinen, Merkurius Attorneys Ltd
28.1.2020

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Intersection of video analytics and EU legislation - Ida Koskinen

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SAFETY AND SECURITY track - Tuesday 28th

"Video analytics offer a variety of possibilities from public safety and personalized advertising to quality control and management of manufacturing processes. This talk will focus on how video analytics is regulated in the EU, what future regulative actions there might be, and what should be taken into account when utilizing such technologies from the legal perspective."

IDA KOSKINEN, Lawyer, Merkurius Attorneys Ltd

Smart City Mindtrek 2020 – conference
28th-29th January
Tampere, Finland
www.mindtrek.org/2020/

SAFETY AND SECURITY track - Tuesday 28th

"Video analytics offer a variety of possibilities from public safety and personalized advertising to quality control and management of manufacturing processes. This talk will focus on how video analytics is regulated in the EU, what future regulative actions there might be, and what should be taken into account when utilizing such technologies from the legal perspective."

IDA KOSKINEN, Lawyer, Merkurius Attorneys Ltd

Smart City Mindtrek 2020 – conference
28th-29th January
Tampere, Finland
www.mindtrek.org/2020/

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Intersection of video analytics and EU legislation - Ida Koskinen

  1. 1. VIDEOANALYTICS AND EU LEGISLATION Ida Koskinen, Merkurius Attorneys Ltd 28.1.2020
  2. 2. MERKURIUS
  3. 3. GET TO KNOW US F O C U S Business law Plain and simple. M I S S I O N High-quality business law – Smart solutions T E A M Ten experts, eight fully dedicated and creative lawyers
  4. 4. MEET THE TEAM
  5. 5. STARTING POINTS
  6. 6. NO SPECIFIC LEGISLATION FOR VIDEO ANALYTICS
  7. 7. POSSIBLE VIEWPOINTS Privacy & Data Protection Liability & Damages Law Enforcement Intellectual Property Rights & Data Ownership
  8. 8. POSSIBLE VIEWPOINTS Privacy & Data Protection Liability & Damages Law Enforcement Intellectual Property Rights & Data Ownership
  9. 9. TERMINOLOGY D IRECTIVE A legislative act that sets out a goal that all member states must achieve. The practical means are decided by each member state in its national legislation. REGULATI O N A biding legislative act. Applied uniformly across the member states.
  10. 10. PRIVACY
  11. 11.  The EU General Data Protection Regulation, “GDPR” (2016/679) (2016/679)  Law Enforcement Directive, “LED” (2016/680)  National legislation in each of the member states LEGISLATION
  12. 12. PERSONAL DATA ” N O R M A L ” Any information relating to an identified or identifiable natural person. S P E C I A L C A T E G O R I E S Personal data which reveals e.g. racial/ethnic origin, political opinions, religious beliefs, health, sexual orientation and processing of biometric data for the purpose of uniquely identifying a natural person.
  13. 13. WHEN DOES GDPR APPLY? • Rule of thumb: picture and video are personal data (if a natural person is identifiable) • So: GDPR does not apply to processing of data that has no reference to a person directly or in directly: • Fake cameras – does not apply • Recordings from high altitude – generally does not apply • Real-time monitoring – applies • Private (household) cameras – depends
  14. 14. STEP-BY-STEP APPROACH 1) Is video surveillance in compliance with data protection legislation in the first place? 2) Does the use of analytics create further requirements?
  15. 15. TOP 3 REQUIREMENTS 1. There must be a legal basis for the processing • In simple video surveillance “legitimate interest” often works • Mere “for safety” is not enough! 2. Data subjects must be notified • Layered approach? 3. Data security
  16. 16. BIOMETRIC DATA = personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data = processing of special categories of personal data …which is prohibited unless expressly allowed in the GDPR (Art. 9)
  17. 17. WHEN IS IT ALLOWED?  Options are listed in Article 9  The most likely basis for such processing is the data subject’s consent  Requirements for a valid consent  ”processing relates to personal data that the data subject has manifestly made public”  mere fact of entering into the range of the camera does not imply that the data subject intends to make public special categories of data relating to him or her
  18. 18. ”UNIQUELY IDENTIFY” When the purpose of processing is, for example, to distinguish one category of people from another but not to uniquely identify anyone  Article 9 does not apply EXAMPLE: A shop owner would like to customize its advertisement based on gender and age characteristics of the customer captured by a video surveillance system. If that system does not generate biometric templates in order to uniquely identify persons but instead just detects those physical characteristics and consequently only classifies the person, then the processing would not fall under Article 9.
  19. 19. LAW ENFORCEMENT
  20. 20.  Restricted, who’s personal data the police may collect and process  Automatic comparing of facial images possible only for the purpose of prevention, revelation and investigation of crimes and only when it is necessary  Material that can be used: personal descriptions already collected for the purpose of preventing crimes (i.e. no passport images etc.) FINLAND: FACIAL RECOGNITION
  21. 21. RUMORS FROM THE EU
  22. 22. CONCLUSIONS
  23. 23. No specific legislation (yet) Several possible legal viewpoints Privacy is a key factor Biometric data: is there identification? Law enforcement: national laws Future developments still open
  24. 24. IDA KOSKINEN ida.koskinen@merkuriuslaw.fi 040 840 9250 Merkurius Attorneys Ltd Keskustori 5 | 33100 Tampere, Finland 050 571 7327 office@merkuriuslaw.fi www.merkuriuslaw.fi

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