A company in the public or private sector conducting video surveillance must publish a notification. The notification must include the following information:
that video surveillance is conducted;
the name of the public or private company conducting video surveillance;
a phone number to acquire information about where and for how long the video clips from the video surveillance system are stored.
The person conducting video surveillance must ensure that the video surveillance system is protected against access by unauthorized persons.
Video surveillance on official, service, work and business premises is regulated separately. The decision on video surveillance in such premises can only be made by a competent official, head of department or a different competent or authorised individual of a public sector or private sector company. Such decision shall be made in writing and shall include an explanation as to why video surveillance is being introduced. The authorised person shall inform all employees performing work in the supervised area about the implementation of video surveillance. Prior to the implementation of video surveillance in work places, the employer must consult the employer’s representative trade union.
General Conditions in relation to the implementation of video surveillance
According to the provisions of Article 74 of the ZVOP-1, a company in the public or private sector conducting video surveillance must publish a notification. The notification must be published in a visible and clear area in a way that allows an individual to become aware of the implementation by the moment when the video surveillance is initiated at the latest. Such notification shall include the following information:
1. that video surveillance is being conducted;
2. the name of the public or private company conducting video surveillance;
3. a phone number to acquire information about where and for how long the video clips from the video surveillance system are stored.
The video surveillance system must be protected against access by unauthorized persons.
A public or private company conducting video surveillance shall prescribe organisational, technical and logical technical measures for the protection of personal data and shall ensure the in its acts pursuant to Articles 24 and 25 of the ZVOP-1, and shall ensure the protection of personal data in the manner from the Article 24 of the ZVOP-1.
In accordance with the provisions of Article 25 of the ZVOP-1, a legal or natural person conducting video surveillance shall determine the person responsible for keeping records for the video surveillance system and persons who may process the data from the video surveillance system due to the nature of their work, in their internal acts.
According to provisions of Article 24 of ZVOP-1, a legal or natural person who conducts video surveillance service must also provide records from which it is possible to later determine when the individual’s personal data from the video surveillance system record was used or otherwise processed and by whom. This shall be done for a period in which legal protection of the right of an individual is possible in case of an inadmissible transfer or processing of personal data.
Video surveillance of accessing the official office or business premises
In accordance with the provisions of Article 75 of the ZVOP-1, the video surveillance of accessing the official office or business premises may be carried out if doing so is necessary for the safety of people or assets, in order the supervision of entering and exiting their work or business premises or if there is the possibility of threat to employees due to the nature of their work. The competent official, head of the department, director or a different authorised individual of the public or private sector entity shall make the decision. The written decision shall also include reasons for the introduction of video surveillance. The introduction of video surveillance may also be determined by law or by a regulation adopted in accordance with the law.
Video surveillance may only be carried out in a manner which ensures that the interior of residential buildings, which have no effect on the access to the business premises, and the entrances to the apartments are not recorded.
It is necessary to inform all employees in the public or private company who work in the supervised area of the implementation of video surveillance.
The collection of personal data related to the control of access to the office or business premises may contain a recording of the individual (image or voice), the date and time of entry and exit to and from the premises, and may also include the personal name of the recorded individual, the address of their permanent or temporary residence, the number and details of their type personal ID and the reason for entry if such personal data is collected in addition to or with the recording of the video surveillance system.
Personal data or recording may be stored for a maximum of one year after the recording, and are then deleted unless determined otherwise by the law.
Video surveillance in residential buildings
Video surveillance in residential buildings may only be implemented when such is necessary for the safety of people and assets, while a written consent of co-owners who own more than 70 percent of the co-ownership shares is required for the implementation of video surveillance.
In residential buildings, video surveillance may only be used to supervise the entries and exits and the common spaces. It is prohibited to conduct video surveillance of the janitor’s residence or janitor’s workshop, to record entrances of individual apartments and to enable an ongoing or a later review of recordings through internal cable television, public cable television, the internet or through other telecommunication devices which can transfer such recordings.
Video surveillance in work spaces
The implementation of video surveillance within work spaces can only be carried out in exceptional cases where such is necessary for the safety of people or assets or for the protection of classified information and business secrets, and such purpose cannot be achieved with more lenient means. Video surveillance may only be carried out on those locations where the aforementioned interests are to be protected.
It is forbidden to conduct video surveillance in work areas outside of the workplace, especially in changing rooms, elevators and toilets.
Prior to the introduction of a video surveillance in the work spaces, the employees must be informed thereof in writing and additionally, the employer must consult the representative trade union of the employer prior to the implementation of a video surveillance service in the work spaces.
The employer is not obliged to inform their employees in writing before implementing video surveillances and must not consult with the representative trade union if the surveillance involves the interest in the field of state defence, intelligence and security activities of the state and the protection of classified information.