For a number of years now, public life has seen an exponential increase of the use of video recording equipment. The question remains under which conditions video equipment can be installed and to which extent video recordings can be allowed as evidence within the European Union (EU) legal system. Not only in the public space, but also on the work floor are cameras deployed regularly. In addition, it is almost a certainty that most events are recorded by dashcams, drones, or smartphones. The opinions diverge on whether or not this is a positive evolution. What has become clear is that video recordings can be used as evidence in legal procedures.
On 6 July of this year, the Bavarian Data Protection Authority issued a brief guidance paper on video surveillance under the new European Union (EU) General Data Protection Regulation (“GDPR”). This short paper is the first issue within a series of non-binding guidance papers on selected topics in relation to the GDPR, which the Bavarian Data Protection Authority has planned to publish periodically. This is a significant step forward for EU countries to adopt a more uniformed approach to video surveillance retention policies.