Cameras in advertising panels
Sometimes, cameras are installed in digital advertising panels or billboards. Companies use these cameras, for example, to count people or to tailor advertisements to the characteristics of passers-by. But they are not permitted to simply film passers-by in public places with cameras in advertising panels. This is only permitted under certain conditions.
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People recognisable in images
If cameras in digital advertising panels are used for observation, this usually involves processing personal data, because people are often recognisable in the image.
An exception is when the camera produces infra-red images of very low quality, making it absolutely impossible to capture people in a recognisable image. In that case, the cameras can only 'count' people.
If people appear recognisable, the General Data Protection Regulation (GDPR) applies. This is certainly the case if cameras specifically record the characteristics of passers-by. For example, to show someone who wears glasses an advertisement that might be of interest to people who wear glasses.
Consent from passers-by
As a screen operator, you must have a legal basis under the GDPR to be permitted to process personal data. In most cases, the legal basis is consent.
This consent must:
- Have been given freely.
- Be specific. This means that it must be clear for which data someone gives consent and for what specific purpose you use the data.
- Be unambiguous. People must give consent by affirmative action.
- Be given on the basis of correct information. You must provide enough information so that someone can make a well-informed choice.
For example, you can ask consent from a passer-by via an intermediate step using a QR code or an app, after which the camera is switched on.
There are two other legal bases that you may be able to rely on for cameras in advertising panels but these do not often apply in practice. They are:
- Legitimate interest. If data processing via advertising panels with cameras in public spaces, for example, concerns the protection of private property, there may be a legitimate interest.
Update
On October 4, 2024, the Court of Justice of the European Union ruled on the legal basis of legitimate interest. As a result, an important part of the explanation previously given by the Dutch DPA to the first condition for this basis is no longer current. This may also have consequences for this text about cameras in advertising panels. The Dutch DPA is currently assessing whether the text needs to be revised.
- Performance of an agreement. If you process personal data via cameras in advertising panels, you can theoretically rely on the legal basis of 'necessary for the performance of an agreement'.
For example, if data subjects install an app with information about shopping facilities in a certain area. The data subjects must first give consent via the app for their location data to be used. It must be clear that this data is processed to display targeted offers on the advertising panel when the data subjects pass by.
Anonymising images
Does an organisation immediately anonymise the camera images? So that only the number of passers-by is recorded, for example? This too constitutes the processing of personal data. Because deleting or destroying personal data also falls under the processing of personal data. This means the GDPR applies in this case too, and that there must be a legal basis to be able to process personal data.
Tip: In a letter to the industry, the Dutch Data Protection Authority (DPA) explains the rules for processing personal data via cameras in digital advertising panels or billboards.