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When an establishment wishes to install video protection equipment, and insofar as this equipment is likely to film the public, it is necessary to apply for specific authorisation from the prefecture.
Public authorities, companies, public establishments and retailers are entitled to film the public highway or a place open to the public in order to ensure security in the immediate vicinity of their buildings and facilities.
What is video protection?
Video protection simply refers to the use of video surveillance in a public space or a space likely to be used by the public.
There is a distinction between video surveillance and video protection:
Video surveillance is deployed in a private context (when you have video equipment installed to monitor your home when you are out and about, for example). This is video surveillance equipment, which does not require authorisation as it is used in a strictly private context and in places where the public cannot be filmed.
Video protection, on the other hand, is deployed in a public context, i.e. in places likely to be visited by the public (for example, when a shopkeeper has cameras installed to monitor his business and film the public in the process). In this second case, as long as the use made of the cameras is not private (as members of the public are filmed), a request for authorisation is required.
The client
Our customer makes particularly intensive use of video protection systems over very wide geographical areas. What's more, the purposes of this data processing are varied: protection of people, property and staff safety.
Currently undergoing rapid growth, our customer needed to delegate the project of obtaining authorisation for video protection systems, as they did not have enough time to deal with it properly.
Video protection: authorisation required
All organisations must obtain authorisation from the prefecture before filming on the public highway or in places open to the public. This authorisation is then valid for 5 years, after which the authorisation application must be renewed by submitting a new file to the prefecture. Organisations must also apply each time the system is modified, specifying the changes made to the system.
If the video protection equipment is installed for the specific purpose of identifying individuals (such as cameras associated with a biometric system, for example), specific authorisation must be obtained directly from the CNIL.
To obtain authorisation to install video protection equipment from the prefecture, the procedure is carried out directly online.
A specific CERFA (CERFA n°13806*04) is available online on the public service website. This CERFA document must be completed by the declarant, accompanied by several supporting documents such as :
A plan of the layout and details of the video protection system and a plan showing the location of the information signs intended for the public;
The places where information about the video protection cameras is displayed;
A questionnaire certifying that the system complies with technical standards if you are your own installer or if your installer is not certified;
A model for information signs about the video protection system;
An information notice to be distributed to all employees likely to be filmed by the system;
Employees authorised to view the images;
As well as a presentation report (including a list of all the cameras, the purposes for which the images collected are processed, how long the images are kept, the technical and organisational security measures implemented, etc.);
If possible, image feedback for each camera;
Potentially, an privacy impact assessment (PIA) may be requested in order to measure the impact of a data breach on the privacy of the people concerned by these videos.
You should also be aware of the expectations of your local prefecture. Depending on the prefecture, certain elements need to be added to the file, and the presentation report templates may be predefined.
Each department has a gendarmerie safety officer from whom you can obtain information on compiling and submitting the application.
Why get support?
If you are an organisation wishing to set up a large-scale and/or complex video protection system, applying for authorisation to set up, modify or renew a video protection system can be a tedious and time-consuming task.
What's more, compiling this file is closely linked to issues relating to the protection of privacy, and requires documents and skills specific to the protection of the personal data of the people concerned.
You can call on the services of a Data Protection Officer (DPO) to answer your questions and help prepare the file.
The DPO will be able to:
Manage your authorisation project;
Draw up the necessary compliance documents (signs, information for employees, presentation report);
Guide you in implementing technical security measures;
Build a file that can be easily reused for future applications;
Continuous legal monitoring.
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