Does the surveillance entail processing of personal data?
The General Data Protection Regulation (GDPR) and the Camera Surveillance Act apply when carrying out video-surveillance of individuals regularly or for an extended period of time, as this entails processing of personal data. In this context, surveillance of individuals refers to surveillance where individuals are identifiable without great difficulty. For example recordings from a high altitude, where it is not possible to identify anyone, do not entail processing of personal data.
Keep in min d that persons may be identifiable not only on the basis of facial features. It may also be possible to identify someone based on their build, movement pattern, gait, et. cetera.
Do you require a permit?
Public authorities as well as others performing a task carried out in the interest of the general public require a permit to use video-surveillance of areas to which the general public has access. The requirement for a permit only applies when carrying out video-surveillance of persons regularly or for an extended period of time.
Providers of private health care and private education are examples of entities carrying out a task in the interest of the general public. For anyone else interested in video-surveillance the requirement for a permit does not apply. This does, however, not mean that any video-surveillance is allowed. If you use video-surveillance you must stay within the legal requirements of the GDPR and the Camera Surveillance Act.
We do not require a permit, what should we keep in min d?
Suggested process
This suggested process doesn’t provide an answer to whether you are allowed to carry out video-surveillance. Instead, it brings up aspects you need to take into consideration before beginning any video-surveillance. You are responsible for making your own assessment.
It is important that you regularly reassess the surveillance. If you no longer find that you have a need for the video-surveillance it must come to an end.
If the information in English is different from the Swedish version of this page, the Swedish version applies.