Surveillance with a video camera: what you should consider when using it

Legal basis of video surveillance

Surveillance with video cameras is a sensitive topic in Germany, which harbors both opportunities and risks. Anyone wishing to use a video camera for surveillance must adhere to clear legal requirements. The basis for this is primarily the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).

Private and commercial users may only use cameras if there is a legitimate interest - for example to protect property or to prevent crime. At the same time, surveillance must be proportionate and must not infringe any personal rights. Public areas such as sidewalks or neighboring properties may not be filmed without further ado.

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Technical aspects: What makes a good surveillance camera

Choosing the right video camera for surveillance depends on various factors. Modern systems offer a wide range of functions that can be useful depending on the area of application.

• Resolution: High image quality is crucial for clear identification of people and objects. Full HD or 4K are standard today.
• Night vision: Infrared LEDs enable effective monitoring even in the dark.
• Motion detection: Intelligent cameras only start recording when there is movement, which saves storage space.
• Cloud storage: Many systems offer the option of storing recordings securely in the cloud.
• App control: The camera can be controlled and monitored remotely via mobile apps.

One example: In a study conducted by the industry association Bitkom in 2022, 38% of the companies surveyed stated that they were already using smart video surveillance systems with AI support.

Data protection and privacy: how to avoid legal problems

A common mistake when installing surveillance cameras is to disregard the privacy of third parties. Anyone who installs a camera must clearly indicate the video surveillance - for example with a sign with a camera symbol and data protection notice.

The following also applies:

• The recordings may only be stored for as long as is necessary for the purpose.
• Data subjects have a right of access to the stored data.
• The data must be protected against unauthorized access - for example through encryption.

A case from Munich shows how important it is to comply with these rules: a homeowner was fined in 2021 because his camera also filmed the sidewalk in front of the house - a clear violation of the GDPR.

Private use: what is allowed, what is not?

Surveillance with video cameras is generally permitted in private areas - but only on your own property. As soon as public areas or neighboring properties are recorded, this is not permitted.

One example: If you monitor your driveway, you are allowed to direct the camera so that only your own property is recorded. The neighbor's fence or the sidewalk must not be in the picture. Caution is also required in apartment buildings: Surveillance of communal areas such as stairwells or underground garages requires the consent of all co-owners or tenants.

Commercial use: safety and responsibility

In companies, video surveillance is often used to prevent theft or to protect sensitive areas. Particularly strict transparency and proportionality requirements apply here.

For example, the workforce must be informed about the monitoring and no workplaces may be permanently monitored - unless there is a concrete suspicion of a criminal offense. Here too, a data protection impact assessment is often required.

A retail company in Hamburg provides a positive example: the targeted use of cameras in entrance areas and checkouts has reduced the theft rate by 25% - without violating customers' privacy.

What you should look out for when using a video camera for surveillance

The video camera for surveillance is an effective means of increasing security - both in the private and commercial sector. However, its use requires careful consideration and legal protection. Those who adhere to the applicable data protection regulations, use high-quality technical systems and respect the privacy of third parties can benefit from the advantages of video surveillance without risking legal consequences.

In summary, you should note the following points:

• Check whether there is a legitimate interest in monitoring.
• Choose a camera with the right technical functions.
• Inform those affected transparently about the monitoring.
• Avoid recording public or third-party areas.
• Secure the stored data against unauthorized access.

With responsible use and the right video camera for surveillance, you can create a secure environment - without infringing the rights of others.