The group, also known as the "Article 29 Working Party" because
it was established by Art. 29 of Directive 95/46 EC on Data
Protection, is concerned that the proliferation of image
acquisition systems such as CCTV cameras in public and private
areas may result in placing unjustified restrictions on citizens'
rights and fundamental freedoms.
In its Working Document on the Processing of Personal Data by
means of Video Surveillance, the group claims:
"Whereas video surveillance appears to be
somehow justified under certain circumstances, there are also cases
in which protection is sought impulsively by means of video cameras
without adequately considering the relevant prerequisites and
arrangements.
"This is sometimes due to the economic
benefits granted on a large scale by public bodies as well as to
the offer of better insurance terms in connection with the use of
video surveillance equipment."
According to the Working Party, the current diversities in
Member States' national laws regulating video surveillance require
a more systematic and harmonised approach.
The Working Document is concerned with surveillance "aimed at
the distance monitoring of events, situations and occurrences".
The document examines the definition of surveillance under the
Directive, and details Member States' relevant national provisions.
It also outlines areas where the Directive is wholly or partly
inapplicable (such as the processing of sound and image data for
purposes concerning national security).
The document considers the way the data protection principles
should be applied in video surveillance, focusing on criteria to
make the processing of data collected through CCTV cameras
legitimate, and on the rights of data subjects and the obligations
of data controllers.
Finally, the Working Document draws attention to video
surveillance in the employment context, an issue that has already
been considered in a separate Working Document issued in May
2002.
Building on the considerations made in that document, the new
Working Document provides that "video surveillance systems aimed
directly at controlling, from a remote location, quality and amount
of working activities, therefore entailing the processing of
personal data in this context, should not be permitted as a
rule."
The Working Party is inviting all interested parties to submit
their opinions on the issue before 31 May, 2003.
The Working Document on the Processing of Personal Data by means
of Video Surveillance and details on how comments or position
papers should be submitted are available
here.
