Belgian rules on use of surveillance cameras revised
On 21 March 2018, the Belgian Parliament adopted a law amending the Belgian Camera Act of 2007. The primary goal was to create a more adequate legal framework for the use of surveillance cameras, in line with the provisions of the GDPR. The revised Camera Surveillance Act entered into force on 25 May 2018. The Royal Decrees implementing some of the provisions of the revised Camera Act entered into force a short time thereafter.
What is a “surveillance camera” under Belgian law?
A surveillance camera falling within the scope of the (revised) Camera Act is:
- any fixed, temporarily fixed, or mobile observation system,
- that is intended to survey and guard certain areas, and
- that processes images for this purpose.
The purpose for which a camera is used (surveillance vs. recreational use) is therefore a deciding element.
Relevance of the location of the cameras
Another relevant criterion to determine exactly which legal obligations apply, is the location of the cameras.
Surveillance cameras can be placed:
- at the entrance of or inside an “enclosed area not accessible to the public” (i.e. only accessible to own employees and authorised visitors, for example a company’s offices),
- at the entrance of or inside an “enclosed area accessible to the public” (for example a shop or restaurant), or
- in a “non-enclosed area” (for example the public road or a public parking area).
Different rules to the use of surveillance cameras in each of these three types of “areas”.
Most important legal requirements
The most important legal requirements for the use of surveillance cameras can be summarized as follows:
- Record-keeping obligation: obligation to keep an internal record/register of camera surveillance activities, in addition to the general documentation obligation under article 30 GDPR; The modalities hereof (what needs to be included in the internal documentation) have been determined by Royal Decree of 8 May 2018. The register needs to be kept and updated for as long as the video surveillance lasts.
- Notification to the police: for camera’s already notified to the Belgian Privacy Commission in the past, this new notification will have to be made by 25 May 2020 at the latest; More information is included in the Royal Decree of 8 May 2018.
- Use of pictograms: the legal obligation to publicly disclose the use of camera’s by mandatory pictograms remains; The size and content of such pictograms has been determined by Royal Decree of 10 February 2008 (as amended on 28 May 2018) and depends on the type of “area” in which the cameras are placed; By 11 December 2018 all existing pictograms have to be replaced by new ones complying with these requirements.
Viewing and storage of video recordings
As under the existing Camera Act, images can in principle (with some exceptions) not be stored longer than 1 month. Access to the images by third parties is restricted, although the persons recorded on tape do have access rights (as under the GDPR).
Real-time viewing of the images of surveillance cameras was prohibited under the Act of 2007, but the revised Camera Act now does leave some room for the use of a “control screen” with real-time images.
What about dash cams?
The revised Camera Act only allows the use of mobile surveillance cameras in “non-enclosed areas” (such as the public domain) by the police and public authorities. In “enclosed areas”, the rules are less strict.
What this means for the popular use of dash cams is still uncertain and urgently to be clarified.
Additional rules for workplace surveillance cameras
For the use of cameras for workplace surveillance purposes (e.g. to prevent theft), note that you should not only comply with the (revised) Camera Act, but also with the applicable labour law legislation. In Belgium, camera surveillance on the workplace is governed by Collective Bargaining Agreement no. 68.
StéphanieDe SmedtAttorney at law Associate
Stéphanie De Smedt is a member of the Loyens & Loeff Litigation & Risk Management Practice Group in Belgium and a key member of the firm-wide Privacy and Data Protection Team, the Automotive Team and the Healthcare & Life Sciences Team. She is an associate in our Brussels office.T: +32 2 773 23 77 E: email@example.com
YvesVan CouterAttorney at law Partner
Yves Van Couter is a partner at Loyens & Loeff in Brussels. He is the chairman of the Brussels Litigation & Risk Management Practice Group, heads the firm-wide Food & Beverages Team and co-heads the Data Protection & Privacy Team.T: +32 2 773 23 69 E: firstname.lastname@example.org
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