Duty To Inform - MAGINON IP 126 Manual

40
Possible infringements
Personal identifiability
A person can be identified if it can be determined that a particular
person was at a particular place at a particular time. Identification
can also be made using a personal license plate, such as the
vehicle license plate. It is absolutely necessary to avoid the
possibility of identifying persons.
Surveillance cameras at the workplace
Monitoring in the workplace is subject to particularly strict
regulations in Germany. Employers should completely dispense
with surveillance cameras in the workplace as long as a possible
violation of the law cannot be completely ruled out.
Surveillance cameras in road traffic
In the case of surveillance cameras with a view of the road traffic, it
is recommended that the location of the surveillance cameras and
the image section be configured in such a way that the road users
cannot be determined by the car number through the recordings.
Vehicle markings can also lead to the identification of road users.

Duty to inform

If personal identification of persons cannot be ruled out, a notice on
the surveillance camera must be placed in a clearly visible position
at all access routes to the recording area. The passer-by must also be
informed that by entering the recording area he/she gives his/her
consent to the recording of the images and that, if his/her consent is
denied, he/she can avoid the recording by not entering the area. In
this context, attention must be paid to the declaration of conformity
– voluntary nature of the declaration. If the photo trap is located in
a place that the person concerned must pass in order to reach his or
her destination (e.g. entrance from a tourist attraction), no effective
consent is given due to the lack of voluntariness.