On March 10, 2014, the German Federal Commissioner for Data Protection and Freedom of Information and all 16 German state data protection authorities responsible for the private sector issued guidelines on the use of closed-circuit television (“CCTV”) by private companies. The guidelines provide information regarding the conditions under which CCTV may be used and outline the requirements for legal compliance. The guidelines feature:
- general explanations of the legal framework, including the definitions of CCTV and public space, the legal requirements for assessments, required security measures, notice obligations and retention periods for images;
- examples of how CCTV may be used by private companies in the public space (e.g., retail stores, restaurants), and discuss employee monitoring and other CCTV monitoring in non-public spaces; and
- a list of questions that may be used as a checklist for data controllers and corporate data protection officers.