Legal guidelines for the use of surveillance cameras
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surveillance cameras:
Only film your own property

Many homeowners rely on surveillance cameras to protect against break-ins or vandalism. However, the use of these cameras is subject to certain legal requirements.

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The most important rules at a glance:

Surveillance cameras may only monitor your own property. Recordings of neighboring properties or public paths are generally not permitted. This also applies to shared driveways. Even dummy cameras can, under certain circumstances, violate the rights of third parties.

In the following text we explain how you can use surveillance cameras in accordance with legal regulations.

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Personal rights take precedence

Even if they can protect against theft and vandalism, surveillance cameras are only allowed to monitor your own property. As a rule, it is not permitted to film neighbors or passers-by on public paths, as this violates general personal rights. This right is protected by the Basic Law, and it also includes the right to one's own image.

Everyone has the right to move freely in public without being filmed or monitored. Individuals decide for themselves when and if recordings of them are made and distributed. Recordings may not be made secretly or against a person's will, and the publication of film material, for example on the Internet, is also prohibited. Even a dummy camera can create the feeling of surveillance and put people under pressure - which is not legally permissible.

Fixed cameras are the most reliable when it comes to monitoring only your own property. A rotating camera, on the other hand, could also capture neighboring properties or public paths, which can lead to legal consequences, such as injunctions.

Exceptions: When is video surveillance permitted?

In exceptional cases, it is possible to monitor neighboring properties or public roads. However, this is only permitted if there is a specific and serious reason that justifies the interest in surveillance. For example, if you have been the victim of a burglary several times, video surveillance may be justified.

Another exception might be if there is repeated vandalism to your property on public land. If your car is regularly scratched, monitoring a narrow section of sidewalk might be justified in certain circumstances.

In the event of a dispute, a judge will decide whether the interests of the person monitoring outweigh the personal rights of the person being filmed. It is advisable to seek advice from the data protection authority of the respective federal state beforehand.

However, the data protection authorities emphasise that the general deterrent effect of video surveillance is not a sufficient reason for random and permanent surveillance.

Important data protection guidelines

When filming other people's property or public roads, you must always comply with the requirements of the General Data Protection Regulation (GDPR). It is crucial to consider alternative, less intrusive security measures such as alarm systems or burglar alarms.

You are also required to document all recordings and always put up a warning sign when using cameras. You can find further details in the guidance provided by the Data Protection Conference.

Note for visitors

Even if you only monitor your own property, you should inform visitors about the video surveillance, for example with an appropriate sign.

legal consequences of violations

If you violate these rules and film someone without permission, you risk not only a fine from the data protection authority, but also civil claims such as injunctions, damages or compensation for pain and suffering. In addition, such recordings may not be used as evidence in criminal proceedings.

Special case of door and doorbell cameras

Door and doorbell cameras can also monitor public spaces. According to the Data Protection Conference, such cameras should:

  • Images only transmitted after the doorbell was pressed,
  • Do not save recordings permanently,
  • Automatically interrupt the transmission after a few seconds and
  • Only show the area that would be visible through a peephole.

protection against burglaries

For further information and support on the subject of burglary protection, you can contact police advice centers. You can find further tips and help on the K-Einbruch initiative website.

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Data protection affects not only companies, but also private individuals who want to protect their personal data. We offer you as a private individual comprehensive legal support in the area of data protection law and are available to help you with advice and support to protect your rights.

Whether it is about compliance with the General Data Protection Regulation (GDPR) when processing your data or the rights to information, deletion or correction of your personal data - we advise you comprehensively and represent your interests towards third parties, such as companies or authorities. We help you to understand and enforce your rights in the area of data protection.

With our support, you can ensure that your personal data is effectively protected and that you can assert your data protection claims. Trust in our expertise to secure your privacy and protect your rights.

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