Whether you’re walking down the street, out for a day of shopping or taking the train: you’re almost certainly caught by surveillance cameras. We were asked in the chat: What happens to those photos? We found out.
“There is a difference between cameras in ‘real’ public spaces, such as those on the street, and cameras in semi-public spaces, such as those in shops,” says Gerard Ritsma van Eck, an assistant professor of IT law on privacy and data protection at the University of Groningen.
division of labor
He says the municipality is responsible for installing cameras on the street. “This is stipulated in the municipal law. The mayor, together with the municipal council, decides in which cases the camera surveillance will be used and for how long. There are no laws on this at European level, so in principle they can be installed anywhere.”
Processing camera images is not the responsibility of the mayor. This task falls to the chief of police.
Watch live
It is not always the case that someone is watching the live feed, explains Ritsma van Eck. One important reason for installing surveillance cameras is to discourage potential crimes.
Sometimes people are watching: “It can happen that the police are watching during major events. This is basically meant to… Crowd control. If a disturbance is detected, colleagues on the street can, for example, be informed that they need to go there.”
information
Police record ‘camera in picture’
There are now a total of 337,609 cameras registered in our country. The total consists of cameras from individuals (75,218), companies (239,499) and the government (22,892). These numbers are kept in Camera in Beeld, a registration system of the police in the Netherlands. It is a database where security camera owners can voluntarily register their cameras.
“Thanks to this information, we know which security cameras are available,” a police spokesman said. “If a crime is committed and the camera footage can help track down the perpetrators, we can specifically request those images from the camera owners.”
Since camera registration is not mandatory, the actual number of cameras in the Netherlands is likely to be higher.
Difference between municipalities
Since it is the mayor who decides with the municipal council how surveillance cameras are used, there are significant differences between municipalities.
“In Groningen, for example, there are far fewer cameras than in Rotterdam,” says Ritsma van Eck. “Whether there will be more cameras and where will have a lot to do with the political colour of the city council.”
28 days
Normally, images taken from cameras in public places are stored for 28 days, says Ritsma van Eck. “Then they are automatically deleted. They can only be kept for a longer period of time if they are relevant to a criminal investigation. But there has to be a real reason for that.”
There are several reasons for the 28-day maximum storage period. “It’s partly due to privacy, but also because of costs. Police cameras produce very large files. These are often good cameras with a clear image. If there are 50 to 100 cameras in a municipality, you’re soon talking about terabytes of video data.”
See also
Statues in stores
Different rules apply to businesses. Store owners must comply with the General Data Protection Regulation (GDPR), and general privacy rules. “There’s no legally defined term. You often see 28 days. People find that there’s a good balance between ‘keeping it for a while’ and not saving too much.”
Under the General Data Protection Regulation (GDPR), companies must make it clear that the photography is taking place and that the images are properly protected. If this is found not to be the case, fines may be imposed by the Dutch Data Protection Authority. “But in practice, you see that this rarely happens. It is difficult to check whether people are complying with the rules.”
Right to object
People have a number of rights when organisations use their personal data. These are also included in the GDPR and are also called ‘privacy rights’. This is intended to give people control over their personal data. If you are photographed by a company’s camera, for example a clothing store, you have the right to request those photos, says Ritsma van Eck.
You can also request that we temporarily stop processing your images if you are not sure if it is being done correctly. You also have the right to object to the use of your images if you feel your privacy has been violated.
See also
Request access
Even if you are photographed on the street, you can request those photos. A spokesperson for the Dutch Data Protection Authority explains: “Under the Police Data Act, you have a right of access. You can ask the police whether you can see the photos at the police station.”
“But if it would impede the police’s mission, the police may refuse to show you the images. For example, if the police are conducting an investigation and providing the images could jeopardize that investigation.”
To ask? Ask them!
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