Data protection conditions

Cameras in public spaces

The legal basis for installing cameras in public spaces is § 34 subsection 1 of the Law Enforcement Act, according to which, for ascertaining and countering a threat or for eliminating a disturbance, the police (or, in the cases provided by law, another law enforcement agency) may use, for monitoring events taking place in a public place, monitoring equipment which forwards images or records. A threat assessment shall be carried out before the camera is installed. For notifying of the areas of influence of the camera in the public space, an information board shall be placed which depicts a black image of a video camera and the word „VIDEOVALVE” [video surveillance] against a white background. A recording is preserved for at least one month after the date of recording but for no longer than one year, unless otherwise provided by law.

Automatic number plate recognition cameras

An automatic number plate recognition camera means monitoring equipment specified in subsection 1 of § 34 of the Law Enforcement Act, which automatically recognises a motor vehicle or a trailer and its number plate. The purposes of using an automatic number plate recognition camera are: conducting proceedings concerning criminal offences; ascertaining or countering a serious or significant threat or eliminating such a disturbance; ascertaining the whereabouts of wanted persons or internationally wanted items. Automatic number plate recognition camera and the processing of its data are provided in § 131 of the Police and Border Guard Act.

Uniform cameras

The legal bases for the use of uniform cameras are § 12 of the Law Enforcement Act; subsections 1 and 2 of § 5 of the Administrative Procedure Act; § 95 of the State Borders Act; subsection 1 clause 6 of § 196² of the Traffic Act; subsection 1¹ of § 31, subsection 1¹ of § 47 of the Code of Misdemeanour Procedure; and subsection 1 of § 150 of the Code of Criminal Procedure.

The cameras can be used by all field police officers (patrol police officers, rapid responders, border guards, community policing officers, proceedings officers) and assistant police officers.

The police officer or assistant police officer carrying the camera has the right to decide on recording. Filming does not require the consent of the persons who remain on the recording, because the person has an obligation to tolerate the measure. A police officer or assistant police officer using a uniform camera shall clearly announce the video and sound recording; the use of uniform cameras covertly is prohibited.

Cameras of the PBGB territory and buildings

Video surveillance transmitting and recording images is used on the territory and in the buildings of the Police and Border Guard Board. Video surveillance is used to protect people and property.

The data will be stored for no less than one month and no longer than one year, after which it will be deleted.

It is prohibited for guests to record with a personal device on the territory and in the buildings of the Police and Border Guard Board without the prior approval of the possessor of the territory and buildings. If the recording with a personal device takes place in a public space in the immediate vicinity of the territory of the Police and Border Guard Board, the Police and Border Guard Board may question the person about the purpose of and reasons for the recording. The purpose of such interview is to ensure safety and security.