55
Duty to Inform
If personal identification of persons cannot be ruled out, a notice
on the security camera must be placed in a clearly visible position
at all access routes to the recording area . The passer-by must also
be informed that by entering the recording area, he or she gives
his or her consent to the recording of the images and that, if his
or her consent is denied, he or she can avoid the recording by not
entering the area . In this context, attention must be paid to the
declaration of conformity – voluntary nature of the declaration .
If the photo trap is located in a place that the person concerned
must pass in order to reach his or her destination (e .g . entrance
from a tourist attraction), no effective consent is given due to lack
of voluntariness .
Possible Infringements
