Collaboration with CanariasAhora
11/01/2022
Last December, we collaborated with Canarias Ahora in the publication of an article on video surveillance in the public sector .
On this issue, we must be clear about some aspects related to video surveillance in public spaces:
1. The installation of cameras on public roads can only be carried out by State Security Forces and Bodies and/or Local Corporations.
2. For the installation, it is necessary to write a report by local corporations, or other public institutions, indicating, among other issues: the need and purpose of applying this measure. The capture area and recording period . Type of system used and its characteristics ... to ensure that there is minimal intervention .
3. The approval of the installation is determined by the Government Delegate , following a mandatory report from the Video Surveillance Guarantees Commission , made up of the President of the Court of Justice of the Autonomous Community and the Chief Prosecutor of the Superior Court of Justice in the Autonomous Community, among others.
4. Among other issues, the installation of security cameras, by interfering with the fundamental rights of citizens ( art. 18 of the EC ), must pass the weighting test :
Once the cameras are installed, the data before and after the installation will have to be taken into account and thus verify that the proposed measure is adequate because, if the main objective is not achieved (in this case, reduction of common crime), it can be understood that the weighting test has not been passed and, therefore, the restrictive measure applied is not correct.
You can access the article by clicking here
On this issue, we must be clear about some aspects related to video surveillance in public spaces:
1. The installation of cameras on public roads can only be carried out by State Security Forces and Bodies and/or Local Corporations.
2. For the installation, it is necessary to write a report by local corporations, or other public institutions, indicating, among other issues: the need and purpose of applying this measure. The capture area and recording period . Type of system used and its characteristics ... to ensure that there is minimal intervention .
3. The approval of the installation is determined by the Government Delegate , following a mandatory report from the Video Surveillance Guarantees Commission , made up of the President of the Court of Justice of the Autonomous Community and the Chief Prosecutor of the Superior Court of Justice in the Autonomous Community, among others.
4. Among other issues, the installation of security cameras, by interfering with the fundamental rights of citizens ( art. 18 of the EC ), must pass the weighting test :
- Principle of suitability => did we achieve the objective pursued by applying this measure?
- Principle of necessity => Is this the least intrusive system, or is there any other measure that does not undermine the fundamental rights of citizens?
- Principle of proportionality => does the general interest prevail over the personal interest of each individual?
Once the cameras are installed, the data before and after the installation will have to be taken into account and thus verify that the proposed measure is adequate because, if the main objective is not achieved (in this case, reduction of common crime), it can be understood that the weighting test has not been passed and, therefore, the restrictive measure applied is not correct.
You can access the article by clicking here
Idaira Hernandez Peraza
Consultant at Consultores Peraza & Asociados, SL
Photo source: Google Images tagged for reuse