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Potential legal infringements
Personal determinability
Personal determinability exists, where it can be determined
that a certain person was at a certain place at a certain time.
The person can also be identified by a personal identifier
such as a vehicle registration plate. Personal determinability
of persons must be absolutely avoided.
IP security cameras at the place of work
Surveillance of workplaces is subject to particular strict
regulations in Germany. Employers should not use IP
security cameras at the place of work unless potential legal
infringements can be fully excluded.
Traffic IP security cameras
When using IP security cameras facing traffic, it is
recommended to configure the location and view of the
camera in such a way that road users are identifiable from
any images through a vehicle registration plate. Road users
could also be determined from lettering on vehicles.
Duty of notification
Where a personal identification of persons cannot be
excluded, a clearly visible notice concerning the IP security
camera must be erected at all accesses to the monitored
area. Passers-by must also be informed that by entering
the monitored area they give their permission to pictures/
videos being taken so that if they do not wish to give their
consent they can avoid the picture/video being taken by not
accessing the area. The voluntary nature of the declaration
must be observed. If the camera trap is located at a point
persons have to pass to reach their destination (e.g. entrance
of a place of interest), no consent is deemed to have been
given as no voluntary nature applies.