CCTV, dashcams and videophones: the do's and don'ts
Under Belgian law any CCTV surveillance camera system must be registered with the police. There are also strict rules about what you can do with the footage shot by the cameras. VRT Radio 2's consumer affairs programme ‘WinWin’ examined the rules regarding CCTV and other camera systems that we might use around our homes.
Anyone wishing to install a surveillance camera at their home is obliged to comply with the terms of Privacy and Camera Acts. For instance, this entails the mandatory declaration of a camera or camera system to the police. You cannot just point the camera towards the public highway or at your neighbours. You must also notify people that they are being filmed by hanging up a pictogram. The use of hidden surveillance cameras is prohibited.
With regard to vehicle dashcams and front door videophone systems the terms of Privacy Act must be respected. This means that the images may not be made public and they must be deleted within a certain time.
What is a surveillance camera?
A surveillance camera is any fixed or mobile device that collects or stores images to maintain order or prevent or detect crimes and nuisance.
Exactly what rules apply depends on where the cameras are installed. A private residence is considered to be an "enclosed place not open to the public". The entrance hall of an apartment building, factories or office building also fall under this category.
When can I install a surveillance camera?
First of all, you have to notify the police by registering the camera. This should be done no later than the day on which the camera becomes operational and it can be done free-of-charge. Any modifications to the camera system made at a later date must also be reported.
Only if the camera films inside your home do you do not need to make a declaration. In addition to the mandatory declaration, the owner of the camera must also keep their own register in which they state how the footage shot by the camera is processed. The register must always be up-to-date and you must make it available if requested to do so by the police or the Data Protection Authority.
The camera may not be pointed towards the public highway or towards a neighbour's house. The camera may film your own property. So taking images of what is happening at your front door or garage door is allowed.
Before installing a camera system you must have first thoroughly considered whether there are not less intrusive ways to protect your property.
Anyone installing a surveillance camera should always notify people that they are being filmed. This can be done by hanging a pictogram near the camera. The pictogram must also provide the names a contact person and of the person responsible for processing the images.
But what about the videophone next to my doorbell?
Whether or not a doorbell with a video function falls under the terms of the Camera Act depends on the type of device used. If the videophone only serves to allow you to see who is at the door and doesn’t film all the time the rules set out in the Camera Act don’t apply.
However, you do have to register the camera if the device is able to make recordings and could be used it to prevent, establish or detect a crime or nuisance.
Dashcams in vehicles
A dashcam is a camera that can be fitted behind the windscreen of a car. Most dashcams film everything that happens within a motorist’s field of vision while they are driving. However, there are also cameras that can film 360°.
There are no specific rules regarding the use of dashcams. The same privacy rules apply as with other types of camera.
The purpose of a dashcam is often to provide evidence in the event of an accident or collision and avoid discussions if an accident occures. The footage can be passed onto the insurance company or to the police. The owner of a dashcam is responsible for what happens to the footage shot This means that, for example, you have to delete the footage each night.
If you are involved in an accident, you should immediately make it clear to the other motorist that you have a dashcam and use intend to use the footage. If the police come to the scene, it is also a good idea to ask them to mention in their report that there is dashcam footage.
What may I do with the footage?
In principle, footage shot at your home may only be viewed in real time. The idea being that it enables you to intervene if a crime is being committed or damage or nuisance is being caused.
You may also record the images, but only to gather evidence, to trace and identify perpetrators, witnesses or victims.
The camera footage may be kept for a maximum of one month. If the footage could help solve a crime or track down a witness/victim, it may be kept for longer.