Camera Surveillance in Stores, Hotels, Restaurants, and Sports Clubs

Camera surveillance in or around a store, hotel, restaurant, or sports club may help protect properties, customers, and personnel. However, business owners should meet a number of conditions before they are allowed to install cameras. Also, they should make sure that the invasion of the privacy of customers and personnel is kept to a minimum. A camera in a fitting cubicle, locker room, or restroom crosses the line.

Legitimate Intereset
The business owner should have a so-called legitimate interest in the camera surveillance. This could be theft prevention or protection of customers and employees.

Need for Camera Surveillance
Camera surveillance is only allowed if it is necessary. This means that the business owner is unable to achieve the goal otherwise. Is there no other possibility that is less invasive of privacy? Also, camera surveillance should not be used by itself. It should be part of a total package of measures.

Privacy Review
The business owner should first conduct a privacy review. This means that he or she should weigh the interests of customers and personnel against his or her own interests.

Obligation to Notify Camera Surveillance
Before customers walk in, they should be able to know that there is camera surveillance. The business owner should point this out, e.g. by putting up signs. If he or she fails to do so, he or she may be punishablen.

Retention Period for Camera Footage
The business owner may not keep the camera footage for more than 4 weeks. However, if an incident has been recorded, such as shoplifting, he or she may retain the footage until the case has been handled.

Is it allowed to install cameras in a healthcare facility?

Yes. Under certain conditions, a healthcare facility, such as a hospital or nursing home, may install surveillance cameras. This is allowed if it is necessary to protect people, buildings, and things (possessions), for example. However, the invasion of your privacy should be kept to a minimum.

Obligation to Notify Camera Surveillance
The healthcare facility should make sure that everybody knows that there is camera surveillance, e.g. by putting up signs. If the healthcare facility fails to do so, it may be punishable.

No Hidden Camera
Secret camera surveillance (hidden-camera surveillance), with people being unaware of the cameras, is not allowed.