The installation of CCTV cameras has become a very popular phenomenon these days. Naturally, this is one of the most effective means of ensuring security. It is therefore not surprising that, especially in school areas and even in classrooms, they are used to prevent, for example, the use and distribution of drugs. The question is: is it legal?
Just this summer, the State Data Protection Inspectorate investigated a parental complaint about video surveillance during lessons.
The educational establishment argued to the inspectorate that the cameras in the classrooms were installed legally because pupils took textbooks or expensive scientific calculators given to them by the school, pupils often took each other's belongings, and the school received complaints from representatives of minors about missing or abandoned items in the classroom during lessons. Also, some minors vandalised property after school staff had left the classroom for a few minutes. There was a case of a minor arbitrarily opening the window of a classroom on the 2nd floor and climbing onto the roof. Minors were also observed smoking and very often failing to return their keys after using the toilet.
The position of the State Data Protection Inspectorate was clear and categorical - the video filming was illegal. The mere fact that no objects are found or that a minor is responsible for the disappearance or damage of property does not justify the use of the extreme measure of video surveillance during classroom lessons.
According toMantas Baigys, a lawyer and expert in data protection law at the law firmAVOCAD, the educational institution received this ruling and the accompanying €2,000 fine because it failed to prove that its interests outweigh the right to privacy of minors, who are classified as a vulnerable group. “The school did not even analyze what negative impact and consequences round-the-clock video surveillance during classes would have on minors,” notes Mantas Baigys.
According to the lawyer, this should not come as a surprise, as video surveillance in classrooms is also strictly enforced in other EU countries. For example, the French Data Protection Supervisory Authority takes the position that it is permissible to film building entrances and exits during school hours for security reasons, e.g. to prevent unauthorised access, but that systematic and continuous surveillance of pupils and staff in school premises, including classrooms, is excessive and not allowed.
The Estonian Data Protection Supervisor considers CCTV cameras to be an appropriate solution to protect school grounds for security reasons, but is of the very strict opinion that even for the safety of individuals in the classroom, video surveillance is prohibited.
In Italy, CCTV inside schools is also only available to protect the building and school property from vandalism, but only at the scene of potential incidents. According to the authorities in this country, cameras can only be switched on outside working hours and are not allowed to be used during lessons or other activities involving students.
According to Mantas Baigis, a lawyer at AVOCAD, video surveillance must first of all comply with the general provisions of the GDPR. This means that personal data may only be processed in accordance with the principles relating to the processing of personal data as set out in Article 5 of the GDPR and where such processing can be based on at least one of the legitimate grounds for the processing of personal data set out in Article 6 of the GDPR.
The personal data protection law expert stresses that not only educational institutions, but also every organisation must pay attention to video surveillance, as any violation can result in thousands of fines, so it is highly recommended to have a strong case for the use of cameras before installing them, and for organisations that already use cameras to assess whether they are compatible with GDPR.