CCTV Surveillance Protocol (NL)

However, CCTV does infringe upon the privacy of residents, staff and visitors. It is therefore necessary to carefully balance the purposes served by CCTV (see Article 1 of the Protocol) against the resulting infringement of privacy. Furthermore, the intrusion must be kept to a minimum and the objective must not be achieved by other means,
can be achieved by less intrusive means. 1 CCTV surveillance may only be used once this balancing of interests has been carried out.

In order to use CCTV surveillance lawfully, rules are needed to determine what is and is not permitted. These rules are set out in this protocol. They cover the use of the cameras, the viewing of the footage and the storage of the footage. Cameras are installed in and around the following GOO locations:

• GOO location CB, Anklaarseweg 91 (4th floor)
• GOO location CG, Christiaan Geurtsweg 10
• GOO location DT, Deventerstraat 184
• GOO VW site, Watermanstraat 30
• Car park on Laan van het Omniversum, opposite number 14

It is, of course, possible that this camera protocol may also be applied at other GOO sites. A decision will then be taken on this matter.

Article 1 Definitions

General Data Protection Regulation

The General Data Protection Regulation (GDPR). This European regulation provides the legal framework for the processing of personal data. The terms used in this protocol have the same meaning as in the GDPR.

Data Protection Authority

The Dutch Data Protection Authority (AP) supervises compliance with the legal requirements for
protection of personal data.

Person(s) concerned

Individuals who have been filmed (employees, residents and visitors to GOO sites). A data protection impact assessment (DPIA) was also carried out in this regard, which concluded that the processing is justified.

Security staff

Staff members of a security company who are responsible for the direct supervision of the GOO site.

Camera system

All the cameras installed in – or directed towards – areas within the buildings and the exterior of those buildings.

CCTV

CCTV surveillance involves monitoring a building, an area or a group (or groups) of people using cameras. With CCTV surveillance, the emphasis is on monitoring: the footage is viewed even when no incident is taking place. An important aim of CCTV surveillance is to prevent incidents.
If an incident occurs, observers are expected to notice it and respond immediately, for example by directing the police, security staff or emergency services to the scene of the incident, so that action can be taken at an early stage.

GOO location (Municipal Reception Centre for Ukrainians)

Abbreviation for: Municipal Accommodation for Ukrainian Refugees. GOO sites are buildings and associated grounds used by the municipality of Apeldoorn to accommodate refugees from Ukraine.

Incident

An accident, a disruptive incident, a criminal offence or a suspected criminal offence, and/or an incident that poses a danger or imminent danger to the health or safety of people and property in and around the GOO and requires action by the data controller.

Site coordinator

The member of staff from the municipality of Apeldoorn who is responsible for organising and facilitating the accommodation of Ukrainians at one of the GOO sites.

Site Manager

The member of staff employed by Apeldoorn Municipal Council who is responsible for site management and for matters that go beyond the scope of an individual GOO site.

Picket holder

The member of staff employed by the municipality of Apeldoorn who is responsible, outside normal working hours, for the operational management of the site coordinators and staff at the GOO sites.

Project Manager

The member of staff or their deputy who, on behalf of the municipality of Apeldoorn, is responsible for the reception of Ukrainians at the GOO sites and who acts as the person with final responsibility on behalf of the project organisation.

Article 2 Processing and purpose of CCTV surveillance

a. Specifically, CCTV is used for the following purposes:
I. the protection of health and safety in and around the GOO sites;
II. security measures for access to GOO sites;
III. the protection of property belonging to the local authority, the landlord, residents and staff against theft and damage;
IV. Recording incidents.

b. CCTV is not used to monitor and/or supervise employees.

Article 3 Duties and responsibilities

a. CCTV surveillance is carried out under the responsibility of the Municipal Executive (the Executive). The Executive is therefore the data controller within the meaning of the GDPR. The Executive Committee relies on the legal basis of legitimate interests for this purpose. The Executive Committee has carried out a balancing of interests regarding the use of this legal basis and has documented this internally.
b. Appropriate technical and organisational measures have been put in place to safeguard the CCTV footage and the CCTV system. The necessity, subsidiarity and proportionality of these measures have been carefully considered. These considerations have also been documented.
c. Security staff, site coordinators, site managers, on-call staff and (acting) project managers are permitted to view footage “live”.
d. The site manager is authorised to view the footage (i.e. review it at a later date); in their absence, the (acting) project manager; and in their absence, the person on duty. The footage may only be reviewed in the presence of two of the aforementioned persons (the four-eyes principle). If two of the aforementioned persons cannot be present, one of the aforementioned persons may review the footage in the presence of a
site coordinator.
e. Footage is only reviewed if incidents have occurred and/or when footage is requested by authorised third parties.
f. In the event of an incident requiring an investigation, the (acting) project leader is responsible for:

• to evaluate the image capture;
• if the image recordings need to be retained for investigation purposes, to copy or transfer the relevant image recordings to a separate new storage medium.

g. The technical management and maintenance of the CCTV system are carried out by the Facilities Manager. The Facilities Manager uses an installer/maintenance contractor with whom contracts have been concluded.

Article 4: The CCTV system, security and retention periods

a. CCTV surveillance is carried out using a closed-circuit system. Footage is stored digitally on a hard drive or a similar storage medium: the system and the storage medium are located in a locked room that can only be accessed with a pass, a code or a key.
b. The cameras do not record sound.
c. The images are stored for 14 days. After this period, the old images are automatically overwritten by new ones.
d. Footage may be retained for a longer period if an incident has occurred and the footage is necessary for the resolution of the incident. The footage will be deleted as soon as it is no longer required.

Article 5 Privacy of staff, residents and visitors
a. CCTV surveillance is consistent with the purpose of security and monitoring. The footage is used exclusively for the purposes of CCTV surveillance as set out in Article 2.
b. CCTV surveillance is only used in the communal areas of the GOO sites. This means that car parks and other outdoor areas belonging to the GOO site, entrances, communal cooking and dining areas, halls, corridors, waiting rooms, recreation and play areas, and other communal areas may be filmed.
c. There is no CCTV surveillance in the sleeping and living areas, nor in the toilets and showers, nor in care staff’s treatment rooms, nor in any other areas that form part of the residents’ personal living environment.
2 As referred to in Article 27(1) of the Works Council Act

d. CCTV surveillance takes place 24 hours a day.
e. The personal data processed consists solely of:

• The image capture;
• Metadata relating to the time, date, location and the camera used to capture the images
  made.

Article 6 Access to and provision of recorded footage

a. Access to CCTV footage is restricted as far as possible. Only designated staff members have access to the CCTV system and the footage.
b. Footage shall be handed over to the police, the public prosecutor or the examining magistrate only at their request.
c. The person receiving the footage on behalf of the police, the public prosecutor or the examining magistrate must provide proof of identity and sign to confirm receipt of the footage.
d. Images shall only be disclosed to third parties if there is a (legal) obligation to do so and this is compatible with the purpose of collecting the images as set out in Article 1 of this protocol.
e. Distributions are recorded in a logbook.

Article 7 Duty of Confidentiality

Any person authorised to view the images or who processes the images on behalf of the data controller is obliged to maintain confidentiality regarding all information that comes to their knowledge in that capacity, unless a statutory provision requires them to disclose such information or the nature of their duties necessitates such disclosure.

Article 8 Rights of data subjects

Any data subject may submit a request to the data controller to exercise their rights in relation to their personal data.
b. The data subject is only entitled to view the footage in which they themselves appear. In their request, the data subject must specify the date and time at which the footage was recorded.
c. Before being granted access to the footage, the person concerned must provide proof of identity to the (acting) project leader or the site manager.
d. A request as referred to in this article must be submitted via privacy@apeldoorn.nl.

Article 9 Provision of information on CCTV surveillance

a. The municipality of Apeldoorn announces, via information boards at the GOO sites, that video recordings are being made.
b. The municipality of Apeldoorn will provide more detailed information to the data subjects in accordance with Article 13 of the GDPR. This information will be provided in the form of posters and leaflets.

Article 10 Complaints

A data subject may lodge a complaint regarding the processing of their personal data with the Data Protection Officer of the municipality of Apeldoorn via fg@apeldoorn.nl.

Article 11 Final Provision

This protocol may be cited as ‘Protocol on CCTV surveillance at municipal reception centres for Ukrainians in the Municipality of Apeldoorn 2024’