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Anyone installing a security camera used to have to comply with privacy legislation. With time, however,
showed that a specific law was needed to optimally protect the privacy of citizens. Only
in this way, the interests of all parties could best be met: the filmmaker and the
filmed.

As with the GDPR, the Camera Act also provides for a right of access. Everyone who filmed
has a right to inspect the images. This right can of course only be exercised
when the images were actually recorded. To exercise this right
a reasoned request to the controller in accordance with the GDPR is sufficient. It
request must contain sufficient detailed information to accurately identify the images concerned
to be able to locate.

What is a security camera?
According to the Camera Act, a surveillance camera is:
any fixed, temporary fixed or mobile observation system;
that is for the purpose of surveillance and surveillance of places
with the specific intention:
prevent, detect or arrest crimes against persons or property
traces (e.g. the association of co-owners that wants to prevent vandalism in the
entrance hall of an apartment building or a company that wishes to
secure), or
prevent, determine or detect nuisance (e.g. a municipality that wants to
prevent loiterers from terrorizing certain streets or providing
cameras to prevent illegal dumping), or
to check compliance with municipal regulations (e.g. in the context of
paid parking on the street), or
to maintain public order (e.g. during an annual fair);
and that processes images only for these purposes.
Although the majority of the cameras installed in Belgium are surveillance cameras, there are
exceptions and certain surveillance cameras do not have to comply with the provisions of the Camera Act
comply.
For instance:
surveillance cameras whose installation and use modalities are approved by a special
legislation are regulated. The Football Act is an example of this (camera surveillance
in certain football stadiums). It is important that this special legislation is sufficient

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must contain details regarding the placement and use of these devices (a mere
reference to the word “camera” for example is not sufficient);
surveillance cameras in front of the employee, set up in a monitored
workplace with a view to health and safety, protection of the goods of
the enterprise, control of the production process and control of the labor of the
employee. In the private sector, Collective Labor Agreement (CAO) No. 68
are complied with
surveillance cameras installed and used by the inspection and control services if this
expressly permitted by the legislation governing their powers to
indeed be able to use cameras in the context of their specific
exercises.
It may happen that both the Camera Act and collective labor agreement no. 68 are applicable at the workplace
camera surveillance are applied simultaneously. After all, practice shows that the two goals
can be present at the same time and that often only one camera system is used
is becoming. A well-known example is camera surveillance in a department store. These cameras can
at the same time serve to supervise the personnel operating the cash register and to
prevent crimes (e.g. theft), in which customers are also filmed. On the one hand
the controller must therefore respect the Camera Act for the persons who
fall under the Camera Act (e.g. the customers) and on the other hand the AVG for camera surveillance
at the workplace (the staff member who operates the cash register), with a number of additional,
specific requirements if collective labor agreement no. 68 applies.
The Camera Act explicitly states that if the same responsible person uses a surveillance camera
for multiple purposes, the different legislations of
are applicable. In the event of a conflict between any of these provisions, the
rules of the Camera Act are applied.
Police camera use, in particular all cameras used by the police
used, has been removed from the scope of the Camera Act and the Police Office Act
expressly regulates its placement and use. The rules are different with this one too
of the Camera Act in view of the specific tasks of the police.
In addition, this legislation states that the Data Protection Authority is not (any longer) competentbevoegd
for this police camera use, but a specific government agency, in particular the
Control body on Police Information (the so-called COC).
For all questions about these cameras, please contact the Police Control Body
information .

The placement of a surveillance camera

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When you want to install and use a surveillance camera, you have to take into account the
proportionality principle.
The proportionality principle means:
that there must be a balance between the interests of the
controller and the right to protection of the privacy of the data controller
filmed person. For example: is it necessary for a doctor's waiting room to have a
camera is installed?;
that the processing of the images must be appropriate and necessary, ie the
controller must check whether no other measures are possible
that interfere less with the private life of the filmed person. For example, it is not
necessary for a concert organizer to film the entrance to the concert hall to ensure
see that every concertgoer pays. After all, he can assign one or more supervisors to the
entrance places that check every concertgoer for possession of a valid
entrance ticket;
that no superfluous images may be processed and that, in principle, the camera
may be directed to a place for which the controller is not
is authorized. A dancing owner who places a security camera is not allowed to use his camera
places in the direction of the street, so that he would be able to detect any amok makers from afar
can see it coming. Such images are not only superfluous, because the vast majority
of the road users is not a dancing visitor (let alone a run amok) but the
In principle, the manager is also not authorized to film the public road. to this
the Camera Act provides for one exception. Certain places can be a certain
entail a safety risk that gives the controller the opportunity to also
to be able to film the perimeter around this place. Examples of such “sensitive”
places are: airports, military domains and nuclear sites.
The Camera Act recognizes three types of places:
non-enclosed place: any place not delimited by an enclosure and free
accessible to the public.
Examples: the public road, a market place, a town square, an open park.
An enclosure can also be visual as long as the places can be clearly distinguished from each other
distinguish;
enclosed place accessible to the public: any building or any enclosure
demarcated area for use by the public only.
Examples: a retail store, shopping centers, department stores, a counter of a bank,
museums, a gym, a restaurant, cafes and a doctor's office;

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enclosed place not open to the public: any building or by any person
enclosed area for the exclusive use of the
usual users.
Examples: a family home, an apartment building (including the communal
entrance hall), an office building (where no services are provided to the public) and
factories.
If there is any doubt about the type of place or if several places are covered by the same
camera system, the strictest regime will apply. so will
for example, the regime of the closed place accessible to the public should be applied
If one camera system, both the front office (the room where the customer is) and the
back office (the room where the bank clerk works) of a bank.
Even before the controller installs a surveillance camera in a non-private
place, he must receive a positive advice from the relevant municipal council, which has the
chief of police.
This advice from the city council should NOT be requested if the non-closed place is a
is a motorway or a road for which a public authority other than the municipality
is responsible. The chief of police for that zone is still being consulted.
The controller is the same figure as with the GDPR. So he is the person who
determines the purpose and means of processing, here the filming of persons. It could be about
a natural person (e.g. a doctor), a legal person (e.g. a private limited company), an association (e.g. a
sports club) or a government (e.g. the municipality).
The Camera Act expressly states that the controller in a non-decided
place can only be the public authority (given the definition of that type of place).
It is the controller who must comply with the law and is responsible when
the Camera Act is being violated. He is also a contact person for both the filmed
person as well as for the controlling government.
A CCTV system installer or the security firm that
manages surveillance cameras, always acts on behalf of a controller and
as such cannot be regarded as a controller, but only as a processor.

Icon placement
The controller must inform you that it uses a
security camera. He will do this on the basis of an icon.

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The Camera Act provides for a uniform model, so that it is always clear to citizens that they
is being filmed. This pictogram contains a number of mandatory information (including the contact person).
The dimensions also vary depending on the location so that the visibility of the icon
is always insured.
The surveillance camera should never be used secretly or covertly. The Camera Act prohibits
this. This means that as a person being filmed you must always give your prior consent. It
fact that you enter a place where an icon tells you about using a
security camera, is considered a prior consent.

Type of place

Dimensions

Material

Non-enclosed place (public road)

0.60 x 0.40
m

aluminum sheet of
at least 1.5 mm thickness

Closed place open to the public,
whose access is not delimited by
an immovable building
(for example: large open parking)

0.60 x 0.40
m

aluminum sheet of
at least 1.5 mm thickness

Closed place open to the public,

0.60 x 0.40
m
OR
A4
OR
0.15 x 0.10

aluminum sheet of
at least
1.5mm thickness or
plasticized
sticker

0.60 x 0.40
m
OR
A4
OR
0.15 x 0.10

aluminum sheet of
at least
1.5mm thickness or
plasticized
sticker

whose access is demarcated by a
immovable structure (e.g.: building)

Not open to the public closed
place

Mobile ANPR in non-enclosed place –
use of vehicles equipped with mobile
ANPR cameras by or on behalf of the
municipalities

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The proper use of the images and the obligation of the
reporting and maintaining an internal register
The Camera Act prescribes how the controller may use the images
and this differs according to the type of location where the filming is made.
When the surveillance camera is installed in an unconfined place (e.g. the public road), one may not
view the images in real time only under the following conditions:
under the supervision of the police services;
so that the competent services can intervene immediately in the event of crime, damage, nuisance
or disturbance of public order and their actions can be optimally controlled.
Security guards may also be authorized by the public authorities to perform such
to view images in real time (and this in accordance with their legislation). The King can also
designate additional persons who can view these images under the supervision of the police
see.
Actually recording the images (e.g. on tape, disc or digital) is only allowed to
to collect evidence of nuisance, crime or harm and to deter perpetrators, disruptors of the
public order, to trace and identify witnesses or victims.
With regard to whether or not the enclosed place is accessible to the public, the Camera Act states
expressly agree that the images may only be viewed in real time in order to
to be able to intervene immediately in the event of crime, damage, nuisance or disturbance of the public
order.
Actually recording the images (e.g. on tape, disc or digital) is only allowed to
to collect evidence of crimes, nuisance or harm and also to identify perpetrators, disruptors of
public order, to trace and identify witnesses or victims.
The current Camera Act explicitly states that any installation of a surveillance camera must be
to be notified to the police services and this no later than the day before the date on which the
security camera is put into use. Also any change to the applied
camera facility must be reported.
In order to practically organize this reporting system, the FPS Home Affairs has decided to:
provide them with a web application for this. You can find more information about it
electronic reporting form. Such a notification is made per place and must be a number of
contain data to identify the processing such as: the identity of the declarant,
the type of place, the address, the type of camera, the location of the camera,… What this

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As regards the last point, the intention is moreover to mark the localization on the in the
form integrated geographic map.
An annual check/check must be carried out by the responsible person.
In addition to announcing the placement of one or more surveillance cameras, the
responsible also to keep an internal register with the image processing activities
from his surveillance cameras. This register must exist in a written form (possibly
electronic) and must be kept at the disposal of the
Data Protection Authority.
This register contains, among other things, the name and contact details of the responsible person, the
precise purposes of the processing, the categories of the recipients, possible transfer
to third countries, the retention period, a description of the security measures and also a
number of typical information elements specific to camera use, such as the
indication of the type of place.
The controller or the person acting under its authority shall furthermore take all
necessary precautions to protect access to the images from access
by unauthorized persons. The person responsible for a closed place accessible to the public
can, according to the Camera Act, place a control screen that publicly displays the images in real time time
distributed in that place. Just think of the screen that when entering a
supermarket and where the person entering sees himself being filmed as he sees the screen
passes.
The controller of a decision, whether or not publicly accessible publiek
place, or the person acting under his authority:
may communicate the filmed images to the police services or the judicial authorities
if he establishes facts that constitute a possible infringement and where the images
can contribute to prove these facts or identify the perpetrators;
must communicate the filmed images to the police when they request it in
the framework of their administrative or judicial police missions and if the images
concern the established infringement.
If it concerns a closed place accessible to the public, the person responsible can also
transfer images in real time to the police (1) in the context of specific places
that pose a particular security risk (e.g. airports, military areas, penitentiary
institutions,…) or (2) when a fact occurs for which the intervention of the
police forces is required. However, to be able to use this option, you must first
a written agreement is required between the specific person responsible and the police service
in which the modalities for that transfer are described.

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Certain images may not be processed at all, including images that:
Violating your intimacy (think of a camera in the toilets, in a changing room or in
the shower);
are aimed at obtaining information about your philosophical, religious, political,
union affiliation, ethnic or social origin, sexual life or state of health,
(a security camera along a busy shopping street does not serve to monitor the number of veiled
count women who do their shopping in a particular store, just like the camera in
the porch of a church may not serve to identify the faithful).

The retention period of the images
Although recording is not mandatory, the images may be used according to the Camera Act
kept.
The retention period is never longer than one month, unless the recorded images have a
contribute to the proof of a crime, damage or nuisance or to the
identifying a perpetrator, a disturber of public order, a witness or a victim.
However, the Camera Act states that for certain places (indicated in an implementing decree) the
maximum retention period of 1 month can be extended to 3 months. It trades every time
about places that may present a particular safety risk. Examples of such
places are: stations, airports, nuclear sites, military domains, correctional institutions.
It is useful to remember that the risks of invasion of privacy are much greater
the longer the retention period of the images.

Mobile surveillance cameras
In some limited cases, the Camera Act also allows a responsible person to use
of mobile surveillance cameras.
First of all, this law contains an explicit definition of what constitutes a mobile surveillance camera
must be seen: the “surveillance camera that is moved during the observation to
different places or positions”. The type example is a moving car with a
camera on his roof. It is therefore important that a camera on a car that is parked is not
can be regarded as a mobile surveillance camera just in view of the definition mentioned above.
In the non-closed areas, mobile surveillance cameras may only be used with the
with a view to automatic number plate recognition by or on behalf of the municipality and this for
definite purposes:

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preventing, determining or detecting nuisance and/or
checking compliance with municipal regulations regarding paying
parking (many municipalities outsource control of this to private parking companies that
sometimes driving around with a car or scooter with a so-called ANPR camera to
scan number plates so that it can quickly be determined whether the vehicle concerned is already
if you have not paid for parking).
If a municipality wishes to use mobile surveillance cameras, it must first confirm the positive
obtain advice from the relevant municipal council after the latter has informed the local chief of police
has consulted. The municipal council also immediately determines the validity period of its advice that
however, can be renewed. When requesting this advice, the
controller clearly state the particular purposes for using the
mobile surveillance cameras must indicate as well as the perimeter in which they are used
will be (which may correspond to the entire territory of the municipality) and
the foreseen usage modalities.
Mobile surveillance cameras can also be used in confined areas:
A first possibility concerns security officers in the context of the
private security legislation and the use of mobile surveillance cameras in non
private places accessible to the public and then in very specific places
which by their nature are subject to special security risks such as, for example,
nuclear sites, airports, international stations or military domains.
A second possibility concerns the use of mobile surveillance cameras on a
private place where no one is expected to be present.
Finally, a mobile surveillance camera can also be used by a natural
person for personal or household use, but only in a
publicly accessible place.
Whenever a controller wishes to use a mobile surveillance camera
(except in the latter case, in particular if it concerns a natural person for personal or
domestic use in a closed place not accessible to the public) also serves here
notification of the event and there is also an obligation to keep an internal record
registry.
In principle, when using mobile surveillance cameras, the uniform model of
icon to be handled. This icon can be either at the entrance of the place
be hung where the mobile surveillance camera is used or on the vehicle
(for example, the scooter or car used for checking the
paid parking). In addition, the Camera Act also states that any other information channel can
be called in to inform citizens clearly (e.g. the municipal website).

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In principle, a maximum retention period of 1 month will also apply here, which is
cases can be extended to 3 months.

QUESTIONS

Can I just put up a security camera?
No. When you want to place and use a surveillance camera for surveillance and surveillance
you must comply with a special legal regime, the so-called Camera Act. For the aspects that
are not expressly regulated in the Camera Act, the GDPR applies.
There are separate regulations for a number of very specific surveillance cameras
(for example the Football Act or Collective Labor Agreement No. 68 of June 16, 1998 on the protection of the
privacy of the employees in relation to the camera surveillance on the
workplace or surveillance cameras installed and used by the inspection and
control services).
All other cameras installed where no special legal regulation is available must be
in principle comply with the principles of the GDPR.

When do I have to apply the camera law?
It must clearly deal with a so-called "surveillance camera", so not just any
camera will be subject to the Camera Act. To assist the data controller
the Camera Act explicitly defines what should be regarded as a surveillance camera.
The law defines a surveillance camera as any fixed, temporary fixed or mobile surveillance system
which aims to:
prevent, detect or detect crimes against persons or property, or
prevent, determine or detect nuisance, or
to check compliance with (certain) municipal regulations
to maintain public order.
The system processes images for this.

I wish to report a security camera. Where can I
doing this?
The current Camera Act explicitly states that any installation of a surveillance camera must be
to be notified to the police services and this no later than the day before the date on which the

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security camera is put into use. Also any change to the applied
camera facility must be reported.
In order to practically organize this reporting system, the FPS Home Affairs has decided to:
provide a web application for this. You can request more information about the electronic
report form via the following website: www.meldcamera.be. Such notification will
still have to be done per place and will have to contain some data to determine the
be able to identify processing such as: the identity of the declarant, the type of
location, address, type of camera, location of the camera,… Regarding this last point
in addition, is it the intention to mark the localization on the in the form
integrated geographic map. An annual check/check must be carried out by the
controller to take place.
The Data Protection Authority is therefore no longer involved in this notification obligation and
for further (practical) questions about this aspect, you should therefore contact the
the aforementioned FPS. It is important to report that the report/report is no longer
will be publicly available.

Does placing a fake camera fall under the Camera Act?
A fake surveillance camera (or a so-called "dummy" camera) is not subject to the
obligations of the Camera Act. After all, the definition of a surveillance camera requires the
processing the images, which in principle is not the case with such a fake camera.

In which cases can I use mobile
surveillance cameras?
The Camera Act only allows a controller to use toe
makes mobile surveillance cameras.
First of all, the Camera Act explicitly defines what should be included under a mobile surveillance camera
understood, in particular the surveillance camera that is moved during the observation in order to
filming from different places and positions.
Such mobile surveillance cameras may only be used in the non-closed areas plaatsen
with a view to automatic number plate recognition by or on behalf of the municipality and
this for definite purposes:
preventing, determining or detecting nuisance and/or
checking compliance with municipal regulations regarding paying
parking (many municipalities outsource control of this to private parking companies that

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sometimes driving around with a car or scooter with a so-called ANPR camera to
scan number plates so that it can quickly be determined whether the vehicle concerned is already
if you have not paid for parking).
Mobile surveillance cameras can also be used in confined areas:
A first possibility concerns security officers in the context of the
private security legislation and the use of mobile surveillance cameras in non
private places accessible to the public and then in very specific places
which by their nature are subject to special security risks such as, for example,
nuclear sites, airports, international stations or military domains.
A second possibility concerns the use of mobile surveillance cameras on a
private place where no one is expected to be present.
Finally, a mobile surveillance camera can also be used by a natural
person for personal or household use, but only in a
publicly accessible place.

Is filming with a hidden camera allowed?
The Camera Act stipulates that any covert use of surveillance cameras is prohibited. The law
after all, obliges the controller to use a uniform model of pictogram
places so that the person entering the place knows that he will be filmed. in itself
he does not necessarily have to see the camera itself. He must know that the place
is “monitored” by a surveillance camera.

I want to place a surveillance camera in a closed place that
is not accessible to the public. What procedure do I need
to follow?
Your processing must be proportionate. This means that there must be a balance between
on the one hand, the interests of the controller and, on the other hand, the right to
protection of the private life of the person being filmed. The processing of the images must
appropriate and necessary, which means that you should check that there are no other
are measures that interfere less with the private life of the person being filmed.
You, as the controller, make the decision to place a
security camera. At the latest the day before you start using the security camera, you must
communicate the decision to the police services, via an electronic report form. Also every
changes to the installed camera facility must be reported.

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This declaration must not be made if the surveillance camera is by a natural person
is used for personal or domestic use (e.g. in a private home).
To inform the citizen that you have installed a surveillance camera, you must provide a voorzien
specific icon.
With regard to enclosed places not accessible to the public, the
surveillance cameras are not specifically aimed at a location for which the
controller does not process the data itself. In particular, the law provides
that the surveillance cameras facing a non-closed area or one open to the public
accessible confined space, should be placed so that recordings on that
place are kept to a strict minimum.

I want to place a surveillance camera in a closed place that
accessible to the public. What procedure do I need
to follow?
Your processing must be proportionate. This means that there must be a balance between
on the one hand, your interest as a controller and, on the other, the right to protection
of the filmed person's private life. The processing of the images must be appropriate and
necessary, which means that you should check that there are no other measures that
less intervention in the private life of the filmed person.
You, as the controller, make the decision to place a
security camera. At the latest the day before you start using the security camera, you must
communicate the decision to the police services, via an electronic report form. Also any change
must be reported to the installed camera facility.
To inform the citizen that you have installed a surveillance camera, you must provide a voorzien
specific icon.
The surveillance cameras in an enclosed area accessible to the public must not
specifically aimed at a place for which the controller does not own the data
processed. In practice, this means that you are not allowed to film the public road or other people's
property (e.g. the property of neighbors).

I want to place a fixed surveillance camera in a non-closed area
place. Which procedure should I follow?

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It is important that a placement of a fixed surveillance camera in a non-closed place only
can be done by a government, not by any other agency, nor by a private person.
The processing must be proportional. This means that there must be a balance between
on the one hand, the interests of the controller and, on the other hand, the right to
protection of the private life of the person being filmed. The processing of the images must
appropriate and necessary, which means that you should check that there are no other
are measures that interfere less with the private life of the person being filmed.
Before installing the fixed surveillance camera in a non-confined place, make sure it is positive
obtain advice from the municipal council, which will inform the chief of police of the police zone concerned for this purpose
consult. This advice from the city council should NOT be requested if the
non-enclosed place is a motorway or other road for which another public
government than the municipality is responsible. The chief of police of that zone is still being
consulted.
You must communicate your decision at the latest the day before you start using the surveillance camera
to the police services, via an electronic report form. Also any change to the
installed camera facility must be reported.
To inform the citizen that you have installed a fixed surveillance camera, you must ensure
for a specific icon.
Fixed surveillance cameras placed in a non-enclosed area should not be specifically
be directed to a place for which the controller is not itself authorized to
to process data, unless he has explicit permission to do so from the
controller of that other location.

What requirements do I have to meet if I have a mobile
want to use a security camera?
If a municipality wishes to install a mobile surveillance camera in a non-closed area,
it must first obtain a positive advice from the concerned municipal council after it has
last consulted the local chief of police. The city council also immediately determines the
period of validity of its advice, which can, however, be renewed at the request of the
controller. When requesting this advice, the
controller clearly state the particular purposes for using the
mobile surveillance cameras must indicate as well as the perimeter in which they are used
will be (which may correspond to the entire territory) and the foreseen
usage modalities.

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Whenever a controller wishes to use a mobile surveillance camera
(unless it concerns a natural person for personal or household use in a
closed place not accessible to the public) must also be notified of this
happen and there is also an obligation to keep an internal register.
In principle, when using mobile surveillance cameras, the uniform model of
icon to be handled. This icon can be either at the entrance of the place
be hung where the mobile surveillance camera is used or on the vehicle
(e.g. the scooter or the car used for checking the payment
parking). In addition, the Camera Act also states that any other information channel can be enabled
to inform the citizen clearly (e.g. the municipal website).
In principle, a maximum retention period of 1 month will also apply here, which is
cases can be extended to 3 months.

