In the spring of 2020, a proposal to amend the law on CCTV surveillance was passed. Among other things, the amendment introduced a completely new requirement for private and public authorities to register CCTV surveillance systems. On July 1, 2020, the amendment to the Act entered into force, with the exception of the provision on the obligation to register CCTV surveillance. The Act stipulated that the entry into force of this provision would be determined by the Minister of Justice at a later date.
CLEMENS Law Firm has previously published the article: Extended access to private CCTV surveillance
Deadlines for registering CCTV surveillance in the police camera register (POLCAM)
The police have just announced that the obligation to register and report significant changes in POLCAM will apply from March 15, 2021.
The provision has not formally entered into force, but based on the police's announcement of deadlines, it is expected that the provision will enter into force in the near future. The police also states the following:
- CCTV surveillance systems installed before March 15, 2021, must be registered by March 29, 2021.
- CCTV surveillance systems installed after March 15, 2021 must be registered no later than 14 days after installation.
Here you will find a link to the mandatory registration of surveillance cameras and a link to the police's own guide to the self-service solution in the police camera register.
More about the content of the new provision
The new provision in the CCTV Surveillance Act stipulates that all private and public authorities that conduct CCTV surveillance of streets, roads, squares, or similar areas used for general traffic must register with the police's register of CCTV surveillance cameras (POLCAM) within a reasonable period of time.
It further follows from paragraph 2 of the provision that private and public authorities that have made this registration must subsequently register any significant changes in the CCTV surveillance. Here too, the registration must be made within a reasonable time.
What does "within a reasonable time" mean?
The wording "within a reasonable time" suggests that private and public authorities should register immediately after the system is set up. This would normally mean that registration must take place within two weeks, and this is also the position taken by the police in their announcement.
What does "recording significant changes" mean?
"Significant changes" refer to situations where private individuals and authorities must register if, for example, CCTV surveillance ceases. Registration is therefore not required in the event of temporary operational stoppages or similar.
When can surveillance be considered deliberate?
"Setup" refers to the installation and activation of CCTV surveillance. It is therefore a prerequisite for registration in POLCAM that CCTV surveillance is operational and capable of filming.
If you or your company have any questions about this article or need expert advice, please feel free to contact CLEMENS' personal data team.
