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Regulations on camera surveillance in business

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Regulations on camera surveillance in business
Date FOR-2018-07-02-1107
Ministry of Labor and Social Affairs
Entry into force 20.07.2018
Applies to Norway
Legal basis LOV-2005-06-17-62-§9-6
Announced 03.07.2018 at 15.10
Card title Regulations on camera surveillance in business

Legal basis: Established by the Ministry of Labor and Social Affairs on 2 July 2018 on the basis of Act no. 62 of 17 June 2005 on working environment, working hours and job security, etc.
(Working Environment Act) § 9-6 .

§ 1. Scope
The regulations here apply to camera surveillance in business.
By camera surveillance is meant continuous or regular repeated personal surveillance by means of remote control or automatic
effective surveillance camera or other similar equipment that is permanently mounted. Camera surveillance is considered both surveillance with and
without the possibility of recording audio and video material. The same applies to counterfeit camera surveillance equipment or signage, notices or
similar which gives the impression that camera surveillance takes place, cf. the Personal Data Act § 31 .

§ 2. Conditions for camera surveillance in business
Chapter 9 of the Working Environment Act and the Personal Data Act apply to camera surveillance in business.

§ 3. Additional conditions for camera surveillance of areas in the business where a limited circle of people travel regularly
Camera surveillance of areas in the business where a limited circle of people travel regularly, is only allowed if based on
the business is a need to prevent dangerous situations from arising and to take into account the safety of employees or others or the
otherwise there is a special need for monitoring.

§ 4. Notification that monitoring is taking place
In the case of camera surveillance in accordance with the regulations here, it must be made clear by signage or in another way that the place is being monitored, if
the monitoring may include audio recordings and who is responsible for processing.

§ 5. Delivery of recordings made by camera surveillance
Personal information collected by camera surveillance in accordance with the regulations here, can only be disclosed to others than it
treatment managers if
a) the person depicted consents,
b) the extradition takes place to the police during the investigation of criminal acts or accidents, and there is no statutory duty of confidentiality
impediment to extradition or
c) it otherwise follows from law that extradition may take place.

§ 6. Deletion of recordings made by camera surveillance
Recordings must be deleted no later than one week after the recordings have been made. If it is likely that the recording will be handed over to the police in
In connection with the investigation of criminal acts or accidents, the recordings may be kept for up to 30 days.
Recordings made at outlets that use payment instruments or proof of identity, or in premises where postal or banking services
delivered, shall be deleted no later than three months after the recordings have been made.
The obligation to delete pursuant to the first and second paragraphs does not apply
a) for recordings in the possession of the police,
b) for recordings that may be of importance to the security of the kingdom or its allies, the relationship with foreign powers and other vital
national security interests, or
c) where the person pictured agrees to the recordings being kept longer.
If there is a special need for storage for a longer period than in the first and second paragraphs, the Data Inspectorate may make exceptions from
these provisions.

§ 7. Exemptions already granted
Exemptions granted by the Norwegian Data Protection Authority after Regulations of 15 December 2000 no. 1265 on the processing of personal data
(Personal Data Regulations) § 8-4 sixth paragraph on storage of recordings made by camera surveillance are valid according to the regulations
here.

§ 8. Supervision
The Norwegian Data Protection Authority supervises that the provisions of these regulations are complied with.

§ 9. Entry into force
The regulation enters into force at the same time as Act of 15 June 2018 no. 38 on the processing of personal data enters into force.

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1 In force 20 July 2018, cf. announcement 17 July 2018 no. 1195.

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