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�
Surveillance cameras at the place of work
Surveillance of workplaces is subject to particular strict regulations
in Germany� Employers should not use the surveillance cameras at
the place of work unless potential legal infringements can be fully
excluded�
Traffic surveillance cameras
When using the surveillance 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 surveillance 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 sight), no consent is
deemed to have been given as no voluntary nature applies�
Potential legal infringements
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