GDPR: German video surveillance has to be adapted

The German Federal Administrative Court overturns Section 4 of the German Federal Data Protection Act (BDSG). The paragraph regulates video surveillance in public spaces. The Administrative Court has now declared Section 4 of the German Federal Data Protection Act (BDSG) to be contrary to European law. According to the judgment, the video surveillance measures in non-public bodies are only necessary in accordance with the conditions of Article 6(1) of the first f GDPR possible.

Impact on practice

The decision of the Federal Administrative Court has far-reaching practical consequences: the persons responsible for using video surveillance systems and indicated as the legal basis in the data protection documentation for video surveillance section 4 bdSG have to adapt the documents and, on Article 6(1) of the year, to the f GDPR. In this context, it should be examined whether the legal requirements are met. The signage must also be carried out in accordance with Article 13, 14 GDPR in order to comply with the general information requirements. The information display and thus also the data protection documentation must be adapted accordingly.

The full text of the verdict can be found at: https://www.bverwg.de/270319U6C2.18.0

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