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It doesn’t matter whether you track people using a camera, ultrasound, WiFi signals or even manually by watching them from your window and keeping book about th
by ThePhysicist 8y ago
It doesn’t matter whether you track people using a camera, ultrasound, WiFi signals or even manually by watching them from your window and keeping book about their coming and goings, what matters is that you process “their” data. So using a different technology to perform the surveillance doesn’t free you from privacy laws.
- ElBarto 8y ago"their data" has a special meaning. It means personal data, that is data linked to an identified or identifiable individual. Merely using wifi signals to sense the presence of human beings is therefore not covered by GDPR. Now, using the technology to track what's going on in your neighbour's house probably is. On the other hand, using CCTV on your property is legal (in the UK and countries covered by GDPR).
- ThePhysicist 8y agoOP asked about filming/watching other peoples houses and the area sourrounding your own home though, hence my answer. You can film on your own property as you like, but if your surveillance system captures the movement of your neighbor it is possible to link the data to them as well (with high enough probability) so it becomes personal data. If you somehow manage to only capture potential trespassers and do that in a way that does not allow any linking to a specific individual (e.g. by only recording metadata) you can argue that it’s anonymous data, if you routinely capture all people moving through a given area you can’t though as it’s possible to attribute the data back to individuals using context information and statistics.
- ElBarto 8y agoMinimal filming of foot paths and streets adjacent to your property happens all the time, e.g. to film your front garden and/or your car. To be perfectly legal there are a few steps to take, but in reality as long as it's minimal and legitimate nothing is going to happen to you. Of course, that's not the same as pointing your CCTV camera straight into your neighbour's garden...
- lostmyoldone 8y agoIn Sweden RF based movement tracking using passive equipment should be perfectly fine as surveillance laws essentially only cover audio, images, and video. As long as it doesn't identify people, and doesn't violate expectations of privacy, I don't think there are any laws that could be applied. Fixed cameras here must be placed so that they either don't show any non private property, areas the public is expected to traffic, or that all that might be imaged has given explicit permission. Outside of this you need a permit, which is awarded rather sparingly, and which also includes the possibility of a mandated inspection of both cameras, control room, and any recorded material.