CCTV in public spaces: What changes does the new Presidential Decree bring?
Originally published: www.taxheaven.gr (in Greek)
Date: 19/11/2020
Aimilios Koronaios
Attorney at Law
LL.M. (Aberdeen), LL.M. (Athens)
Almost 2 months ago, a long-standing issue in the field of personal data protection in our country came to an end. The Greek state proceeded to place perhaps the most important piece in the mosaic of the regulatory framework for the use of surveillance systems by capturing or recording sound or video in public spaces. Presidential Decree 75/2020, published in September, issued under Law 3917/2011, is a reality. It is therefore useful for citizens to initially be informed of 10 key points of the new framework, which sets out how, where and when they are allowed to be monitored by surveillance systems, in accordance with the aforementioned legislation.
1. What are public spaces, where surveillance systems can be used?
Public spaces are: a) those intended for common use according to the current legislation and city plans, b) freely accessible open spaces to an indefinite number of persons, fenced or not, which are made available for common use in a lawful manner, c) public transport passenger traffic stations (article 14 par. 3 Law 3917/2011).
The installation and operation of surveillance systems is limited to the specific public space, for which surveillance is deemed necessary, while no image should be captured of non-public spaces or interiors of houses (article 5 par. 2 PD 75/2020).
2. Who can use surveillance systems in public places?
The installation and operation of surveillance systems in public spaces is permitted only by state authorities (article 14 par. 2 Law 3917/2011). These public authorities can be in particular the Hellenic Police, the Fire Brigade and the Coast Guard – Hellenic Coast Guard (article 4 PD 75/2020).
3. For what purposes is the use of surveillance systems allowed?
The installation and operation of surveillance systems in public spaces is permitted only for: a) the prevention and suppression of specific criminal acts, such as violent crimes, drug trafficking, etc., b) traffic management, the regulation of vehicle traffic, as well as the prevention and management of road accidents (article 14 par. 1 Law 3917/2011 and article 3 PD 75/2020).
4. When is the use of surveillance systems allowed?
The installation and operation of surveillance systems in public spaces is permitted only to the extent necessary and when the above-mentioned objectives cannot be achieved as effectively by lesser means. Especially regarding the installation and operation of surveillance systems for the prevention or suppression of crimes, are sufficient indications are required that the specifically provided for offenses are committed or will be committed in the specific space (article 5 par. 1 PD 75/2020). Regarding portable surveillance systems, it is provided that their operation is permitted only in cases where there is an imminent serious risk that the specifically provided for offenses will be committed (article 5 par. 3 PD 75/2020).
5. How are surveillance systems installed and operated?
The installation and operation of surveillance systems in public spaces takes place after respective decisions of the competent public authority. The decision to operate the surveillance system is notified by any appropriate means and especially with signs, as well as by posting on a website, in which the respective public authority publishes the necessary details for information purposes (article 12 par. 1 PD 75/2020).
6. What cameras can surveillance systems have?
Surveillance systems can have fixed, rotating or mobile cameras, adapted to fixed or portable bases, transported by vehicles of any kind, i.e. ground, sea or air, manned or not, or by natural persons (article 2 PD 75/2020).
7. What is the retention period of data collected using surveillance systems?
In principle, the data are kept for a maximum period of 15 days from their collection, unless their preservation is necessary for a longer period of time in order to investigate criminal acts (article 8 par. 1 PD 75/2020).
8. Who can be the recipients of the data collected using surveillance systems?
The recipients of the data may be the judicial, prosecutorial or administrative authorities responsible for each purpose. Also under certain conditions, for the purpose of proving the commission of a criminal act, the data can be transmitted to the victim or the alleged perpetrator of an act (article 9 par. 1 PD 75/2020).
9. What are the rights of citizens?
Citizens enjoy all the rights provided for by the General Data Protection Regulation, known as GDPR, and implementing Law 4624/2019 (article 10 par. 1 PD 75/2020), depending on which individual regulations are applicable. In any case, there is an obligation to inform the public that it is going to enter a space in the range of installed or portable surveillance systems, especially by conspicuously placed signs (article 10 par. 2 PD 75/2020).
10. What is provided specifically for the use of surveillance systems in public outdoor gatherings?
The installation and operation of surveillance systems, fixed, rotating or mobile, in places and during public outdoor gatherings, is allowed under certain conditions, by means of a special reasoned decision of the competent public authority (article 6 par. 1 PD 75/2020). In this case, rapid destruction of the collected data is foreseen, i.e. as a rule within 48 hours from the end of the gathering (article 6 par. 3 PD 75/2020).
Concluding, in addition to the above ten points, citizens should be aware that the regulatory framework in force after the publication of the new Presidential Decree 75/2020, despite its weaknesses, contains a series of in depth procedural and substantive guarantees, for safeguarding the right to protection of their personal data. It is therefore desirable for the state to publish a relevant information text on the new regulations, in clear and simple wording, in order to take a big step towards fully informing all interested parties.