Original scientific paper
Video Recording Police Officers as a Violation of the European Data Protection Law
Željko Karas
orcid.org/0000-0002-5331-6418
; Visoka policijska škola, Zagreb, Hrvatska
Abstract
The author analyzes European regulations and court decisions on the protection of personal data in cases of video recording of persons in a public place without their consent. The analysis includes European regulations (GDPR, etc.), judgments of the European Court of Justice, the European Court of Human Rights and guidelines of the relevant authorities. Based on legal sources, the author analyzed the interpretation of the definition of personal data, data processing by video recording or publication, the role of the person being recorded, the characteristics of the public place, the status of officials, exceptions that may exclude violation (journalist exception and home use exception) and the use of recordings in criminal proceedings. The analysis results show that European standards protect all types of personal data and that there are no exceptions for civil or public servants. Video recording or publishing of appearances or other physical features on the basis of which it is possible to determine the identity of police officers represents the processing of their personal data as well as of those of other citizens in a public place. Recording of police officers is allowed only with their prior consent or on legal grounds (according to the judgment of the European Court in the Buivids’ case). Violation can be a criminal offense, depending on how it is regulated in the national legal system, and it is possible to initiate appropriate proceedings against the perpetrators. This model has its roots in the right to self-determination, according to which an individual can decide on certain aspects of their own privacy, and this right is retained in the workplace.
Keywords
Hrčak ID:
258164
URI
Publication date:
14.6.2021.
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