Can I use a camera or GPS tracker?
Hang a camera to secure your own home? Install a GPS tracker in your car so you always know where it is? What about the laws and regulations surrounding the use of cameras and location tracking devices? In the article below, we address that.
We recommend that you always seek legal advice before using such a device.
Mini security cameras
They are visible in more and more places: security cameras. They come in different sizes, once very large and conspicuous, nowadays sometimes as small as a die. Can you just film everything and everywhere?
The main rule is that the camera must film only your own belongings. You may not film other people’s property, such as the neighbor’s house or yard.
The law stipulates, among other things, that any intentional filming or photographing in homes or non-public places is prohibited unless clear notice is given in advance(art. 139f Penal Code). Any intentional filming or photographing of persons with a mounted camera in public spaces is also prohibited, unless clear prior notice is given (art. 441b Penal Code).
Thus, the presence of a camera must be made known in a clear manner by posting a sign that it is being filmed, for example. Make sure this is met.
If individuals are pictured, or personal data is otherwise processed, the General Data Protection Regulation (AVG) must also be complied with. A basis is then always needed to process the personal data, such as one’s own legitimate interest.
Eavesdropping devices or bugs
With a hidden camera, of course, you can also record sound.
Like the unannounced capture of video or photo images, the recording of sounds in public and non-public places is not permitted. As stated in the Penal Code (art.139a paragraph 1), a conversation may not be recorded by someone who is not a participant in that conversation in a home, private room or yard. Even installing listening devices without using them can already be punishable (Art. 139d(1)). So keep this in mind as well.
GPS products
The use of GPS trackers on items belonging to you is permitted. So you may use a GPS tracker to track your car, bicycle, motorcycle or boat, for example. The GPS tracker is used in such a case for the purpose of monitoring your own (valuable) property.
It is permissible to use a GPS tracker to track your immature child over whom you have custody, or other people who have given permission to do so. For example, elderly people with dementia or Alzheimer’s, so you can help them in an emergency situation.
Please note that it is prohibited by law to place a GPS tracker in/on someone else’s property without the owner’s knowledge and permission. So, for example, in your partner’s vehicle.
As a company, it is permissible to place a GPS tracker in a company car because the company owns it. However, the company must have a legitimate reason (legitimate interest) to do so. Among other things, the company must then weigh interests beforehand, the outcome of which must be that the employer’s interest outweighs the privacy interest of the employee using the car. Employees should also be aware that they are being “tracked.” So announce this clearly. Following employees outside working hours is not permitted. So if your employee also drives the company car privately, you should make sure the GPS system is turned off then.
Providing GPS trackers in rental or loaner cars (for example, for test drives) that you own is allowed. Even then, always make sure that the person being “tracked” is aware of it.
Disclaimer:
This article and its contents cannot be construed as legal advice and is for informational purposes only. The article and its contents do not intend to be comprehensive and/or exhaustive, but highlight only a few points. Laws and regulations can also vary by jurisdiction and country. Before using any device mentioned in this article, always seek legal advice.
By using our products, the user guarantees to use them only for lawful activities. KUUS. is not liable for any damages incurred as a result of the illegal use of our product. KUUS. products are not sold for illegal use, only for their intended use.
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