If you’ve recently bought a spy cam, or perhaps you’re researching the legalities around having one, you’ve likely come across GDPR.
GDPR regulations are a set of privacy laws which protect personal data in the UK and EU. Surveillance recordings are data, no matter whether you are using CCTV or a spy cam.
GDPR compliance is not optional in the UK and Europe and must be adhered to otherwise you could be subject to legal action and hefty fines.
Find out more about spy camera laws, GDPR, and how to use your spy cam legally in our guide.
What Is GDPR?
GDPR means General Data Protection Regulations. It is the legal framework set out in the EU and UK to protect personal data, regulating how it is collected, processed and stored.
GDPR was introduced to give individuals more control over how their personal data is handled, it came into effect in May 2018.
CCTV and GDPR, including surveillance like spy cams, applies to any kind of recording you have of someone, whether audio or video footage. This doesn’t matter whether you have consent, if the recording is taken in your home or in a public space.
GDPR Compliance With Spy Cameras
Nearly every kind of recording falls under GDPR data, it could be a license plate, voice, someone’s home, or face.
To comply with GDPR regulations when using a spy cam you firstly need a legitimate reason to be recording such as security or personal safety. You must also notify any individuals when you are recording as this falls under the process of collecting data.
When it comes to storing footage, you must record how long you are retaining the data and not hold it for any longer than necessary. The data (footage) stored must also be encrypted for security purposes. Anyone in the recording has a right to request a copy for their usage. If you follow these rules, you will be GDPR compliant.
Is It Legal To Use a Spy Cam?
It is legal to use spy cams in the UK, Europe, and the US, but there are strict regulations to know.
For the UK and most of Europe, you must meet the following ethical standards.
- Only film your property and space.
- Don’t film public areas, or if you do, get consent.
- Inform people if they are being recorded.
- You have a legitimate reason.
For the UK in particular, you can use a spy cam in your home in areas which are not legally private like bathrooms, unless you are recording audio. In Germany secret recording is against the law.
How To Be GDPR Compliant With a Spy Cam
To use your spy cam legally, follow these rules if you’re in the UK and Europe.
- Notify people you are filming – Ask for consent or put signs that you are filming.
- Make a privacy policy – For businesses we recommend making a privacy policy which will state why the footage is being collected and how.
- Don’t audio record – This can be illegal in most situations.
- Have a retention policy – This should state how long you keep the footage and that you delete it regularly.
- Encrypt storage – It is important to protect the footage from unauthorized access.
- Be ready for access requests – Anyone recorded can ask to view the footage or ask for it to be deleted.
Examples Of GDPR Compliance In Real Life
- Home – You are free to use a spy cam in your home, but if it is filming an outside shared driveway you could need consent. If you were using one to film a nanny, you would also need consent and have to turn the audio off. No cams should be set in private spaces.
- Car – Spy cams in your car are GDPR compliant if filming the interior with consent of the passengers. Filming the street and public is only allowed if there is justification like personal safety. You must store the footage for no longer than needed.
- Workplace – You must get consent from the employees, not install the cams in private places, have a written privacy policy and reasonable justification for using the cams to prevent criminal activity and improve security.
CCTV and GDPR – What’s The Difference?
You might be wondering if the rules of GDPR change when it comes to CCTV instead of spy cams.
GDPR regulations still apply in the same way but CCTV tends to be more visible and not so covert, the intent is also clear since they are used mainly for security. It’s easier to adhere to GDPR regulations when using CCTV.
Still, regulations apply equally when it comes to storing and retaining footage, no matter the type of camera, it is your responsibility to keep data safe, encrypted and delete footage when it is reasonable to do so.
What Happens If You Break GDPR Regulations?
There can be serious consequences if you don’t comply with the GDPR law.
For example, regulators can fine you up to 20 million euros or up to 4% of annual turnover, this applies even to small businesses.¹ Individuals can take legal action against you if they believe their data rights have been compromised.
It’s essential to understand different countries’ policies surrounding GDPR, some countries enforce more strictly than others. For example, Germany and France tend to be harsher than the UK when it comes to GDPR, especially around audio and filming within the home.
Get GDPR Compliant Spy Cams At Tikva-Tech
Our high quality spy cams at Tikva-Tech are made with GDPR regulations in mind, with encrypted storage and secure remote app control. The materials and quality of our cams are manufactured to highest international standards, made in Israel and with user centric designs for ease of use for personal use and business use.
Whether you’re looking for custom-made spy cams or pre-disguised or wireless models, you can shop our spy cams here to help start protecting your home, workplace, or self today.
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