video surveillance and data protection 8th meeting of the central and eastern european commissioners...

Republic of LithuaniaState Data Protection Inspectorate

VIDEO SURVEILLANCE AND DATA PROTECTION

8th Meeting of the Central and Eastern European Commissioners

Euxinograde (Varna), 25-26 May 2006

Neringa Kaktaviciute

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International legal instruments

• Convention of Human Rights and Fundamental Freedoms;

• Council of Europe Convention No. 108 for the protection of individuals with regards to automatic processing of personal data;

• Charter of Fundamental Rights of the European Union;

• Directive 95/46/EC of the European Parliament and of the Council.

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National legislation

• Law on Legal Protection of Personal Data of the Republic of Lithuania is applied to the processing of image data by means of video surveillance.

• There are no specific provisions concerning video surveillance in this Law.

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The Draft Law of Amendment of Law on Legal Protection on Personal Data

• Definition of video surveillance:

Video surveillance – continuous or recurrent surveillance of persons and fixing of their video data by means of remote or automatic control video and photographic cameras or similar devices.

• Necessity to process personal data (any other measures or ways are not effective);

• Informing the data subjects about the processing of image data;

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The Draft Law of Amendment of Law on Legal Protection on Personal Data

• Processing of image data for other purposes (needed data subject consent or in other cases established by the laws);

• Storage and destruction of image data;

• Obligation to act in accordance with legal acts regulating protection of private life and processing of personal data.

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12 registered data controllers• House of Correction, Investigation Infirmary – Prison,

Investigation infirmaries;

• Several Police Commissariats;

• Prisons Department;

• Police Department;

• Company organizing the games of chance;

• Chief Police Commissariat of Vilnius city.

Usually image data are stored for 5-7 days, at longest – 20 days.

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Two cases where the Inspectorate issued decisions

1) Chief Police Commissariat of Vilnius city (purpose – security of public order and crimes prevention)

2) Agency, which equipped a stationary system of measurement of speed and registration of the violation of red light (TraffiPhot)

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Chief Police Commissariat of Vilnius city

• 78 cameras of video surveillance in Vilnius city

• The criminality decreased about 40 percent

• Instruction to Commissariat with regard informing data subjects

• Problems of informing data subjects

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Agency equipped a stationary system of measurement of speed and registration of the violation of red light

• Purpose of TraffiPhot - the testing purpose in order to ascertain the efficiency of the operation of system.

• Data automatically were transferred to Lithuanian Police Traffic Supervision Service.

• Possibility to identify the drivers with the help of video data of drivers.

• Record on administrative offence to agency: 1) it processed personal data by automated means without notification; 2) it did not inform data subjects.

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Agency equipped a stationary system of measurement of speed and registration of the violation of red light

Court decision:

1) Information under which the person might be identified recorded by cameras of video surveillance was considered as personal data.

2) The agency collected personal data legally.

3) Violation in the field of data protection was assessed as less serious than committed gross violations of traffic rules which were fixed by the system TraffiPhot.

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Thank you for your attention

video surveillance and data protection 8th meeting of the central and eastern european commissioners...

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