This article was published in 2019. Laws, case law and regulatory guidance may have changed since then. Contact us for up to date advice.
What rules apply to installing cameras at schools?
More and more schools are using cameras. They do this, for example, to prevent theft or to improve safety in the playground. The infringement of the privacy of pupils, teachers or visitors/parents is considerable. The use of cameras also means processing the personal data of the data subjects. Schools may therefore not simply install cameras; they must meet a number of conditions. Boards must ensure that the infringement of privacy is kept to a minimum. Another aim is adequate protection of personal data. Breaching the privacy rules can lead to high fines from the Dutch Data Protection Authority (AP), the national regulator for compliance with the privacy rules.
What rules apply to installing cameras at schools? Below are some conditions for installing cameras at school:
**Legitimate interest **If, as a school, you want to install cameras, you must have a legitimate interest for the camera surveillance. Examples include preventing theft within the school or protecting (the safety of) pupils, teachers or visitors/parents.**Camera surveillance necessary **In addition, the camera surveillance must be necessary. This means that the school cannot achieve the purpose in any other way. Is there no other option that infringes less on the privacy of the data subject? As the school board, you must investigate this first.**Consultation with (internal) stakeholders and privacy assessment **Camera surveillance may not stand on its own; it must be part of a set of measures. The school must therefore first carry out a privacy assessment. In this context, the school board must weigh the interests of the pupils, teachers and visitors/parents against its own interest. The school must prevent unnecessary infringement of the privacy of the data subjects.
In addition, the school must submit the plans to the participation council. The plans are best included in a camera surveillance protocol.**Carry out a DPIA **Does it concern systematic and/or large-scale camera surveillance? Then you must carry out a Data Protection Impact Assessment (DPIA). You carry out a DPIA if, for example, you use camera surveillance on a structural basis and/or at several locations.Contact us
Do you need support in optimally setting up your camera policy? Feel free to contact us for an introductory meeting without obligation.