Conditions for camera surveillance in public places

Camera surveillance for maintaining public order

The local authority may install cameras to monitor public places, with the aim of maintaining public order. The police may view the images from the cameras to check whether everything is proceeding calmly and safely in the places where the cameras are located. In the event of a fight, for example, the police may also use the images to track down the perpetrators.

The local authority decides on the use of regular camera surveillance, but the police are responsible for processing the camera images.

There are a number of requirements for camera surveillance in public places.

• The local authority may only use regular camera surveillance if there is an unsafe situation in a specific area or if there is regular disorder. And if the use of camera surveillance is necessary to maintain public order.
• The use of camera surveillance should not be an isolated matter. The local authority must also take other measures, such as (better) street lighting or street surveillance. Camera surveillance is, therefore, in that case part of a larger set of measures.
• The use of camera surveillance by local authorities must meet all the requirements of Article 151c of the Municipalities Act.
• The processing of camera images by the police must meet all the requirements of the Police Data Act (Wet politiegegevens, Wpg).

If a resident disagrees with the local authority’s decision to install cameras in a certain location, that person can object to the local authority. 

Mobile or flexible regular camera surveillance

Article 151c of the Municipalities Act allows the mayor to use mobile or flexible camera surveillance, such as drones cameras fitted to a car or cameras that are fitted on a mobile mast. Even then, the camera surveillance must meet the aforementioned conditions.

In the case of flexible camera surveillance, people are more likely to feel like they’re being followed than with normal camera surveillance. Even if it is within a designated area. After all, cameras can be moved quickly and easily. Clear communication about the need for flexible cameras in that area (area designation) is, therefore, very important.

Temporary camera surveillance in the event of public order disruptions

The police may occasionally use camera surveillance in the event of (threatening) disruptions to public order. In that case, there is a specific reason. For example, during a high-risk game in professional football, a demonstration or (the threat of) riots.

The use of temporary camera surveillance must meet a number of requirements.

• The police may occasionally use (mobile) camera surveillance, but only if there is a specific, actual reason for this and the use is necessary to maintain public order. Such as in the case of (a threat of) public order offences. This form of camera surveillance is short term. 
• The processing of camera images by the police must meet all the requirements of the Police Data Act.
• If the police (or ambulance crew or fire brigade) use body cameras to protect themselves against violence, then it concerns the security of personnel. In that case, the GDPR applies.

Mobile or flexible temporary camera surveillance

The police may occasionally use mobile or flexible camera surveillance by virtue of Article 3 of the Police Act, if this is necessary to maintain public order. The aforementioned requirements also apply in that case. 

Note: People must be made aware of the fact that they may be filmed. A drone or a car with a camera can infringe more on their privacy than a fixed camera. It is, therefore, particularly important that people be well informed about camera surveillance, because they do not always expect or notice it.