DATA PROCESSING OF SECURITY CAMERA SYSTEMS
PURPOSE OF DATA PROCESSING: QUALITY ASSURANCE
IDENTIFICATION OF LEGITIMATE INTEREST
Legal position of data controller, Objective of data control and the nature of controlled data
The data controller is ANY Security Printing Plc., the largest security printing company of the region. For the purpose of asserting a legitimate interest (quality assurance), camera recordings are made and processed on all operating areas of the Printing Company in order to ensure the verifiability and traceability of compliance with the legislation applicable to the printing company, the internal legal norms and the defined process. The processed data do not include sensitive personal data. The recordings show the movement of people, the performance of the individual work phases, and the time and date thereof, no voice recording is made. The system does not include a person recognition feature.
Relationship between the data controller and the data subjects
The data subjects are persons entering the operating area, within that the production area of the data controller. The data subjects are in various relationships with the data controller, for example: customers, employees of professional organizations, employees of suppliers. The relationship can be either direct or indirect.
The legitimate interest and its specific definition, limitation
It is in the legitimate interest of the data controller to monitor the security printing work processes, to ensure the reconstructability of certain technological errors, and regulatory and security printing compliance, including the continuous and predictable operation of the document systems, guaranteeing a continuous supply of documents. In addition to the workers entering and working on the monitored area, maintenance staff, suppliers and customer partners also enter on a daily basis, therefore the recording is related to specific and frequent events. The location of the monitoring activities is all the operating areas of the Printing Company. These are physically identifiable and limited areas. Public areas are not monitored. At the boundaries of the monitored areas adequate information is provided. By making work processes reviewable, we wish to ensure the reconstructability of certain events in time, as required in the event of any quality non-compliance, defect or incident. It is in the interest of society to ensure the production of a document system, secure documents and securities protected by appropriate guarantees, supporting the functioning of the state and the national economy. The Printing Company is an element of these subsystems, and its integrity and smooth operation is to be protected in the interest of society. This data processing is not against the law.
The legal background referred to above, governing the work of the data controller, is as follows:
- Act No. CXXXIII of 2005 on the rules of personal and property protection and the activities of private investigators
- Act No. CXXXVIII of 2007 on investment firms and commodity exchange service providers, and on the rules governing their activities
- Act No. LXXXVIII of 2014 on insurance activities (hereinafter referred to as: the Insurance Act)
- Act No. CXX of 2001 on the capital market
- Act No. LXXXIII of 2014 on the uniform electronic card-issuing framework and related Decree No. 5/2018. (II. 23.) BM of the Minister of the Interior
- Decree No. 86/1996 (VI.14.) on the protection of security documents
- Regulations (EU) 2016/679 of the European Parliament and of the Council (GDPR)
- Act No. CXII of 2011 on the right of informational self-determination and the freedom of information
ASSESSMENT OF THE NECESSITY OF DATA PROCESSING
Why do we need data processing to achieve the purpose?
Data processing is needed to achieve the purpose, as it can be guaranteed only by a video recording that the subsequent investigation of certain events, any analysis, quality improvement, or re-regulation will be well-founded. The subsequent investigation of certain mechanical or manual operations, the documentation of movements and the physical movement of materials within the area is only possible on the basis of time and date stamped visual documentation.
Is there an alternative solution to achieve the purpose?
Currently no alternative solution – other than making and temporarily storing time stamped video recordings – is available for providing visual documentation. This means that there is no economically feasible, market-based and socially accepted solution that would at the same level have less impact on the rights and freedoms of the data subject than the current solution.
What are the disadvantages for the data controller if there is no data processing?
If the tested measures are not taken, the data controller is unable to ensure compliance with certain itemized critical quality requirements for the security of the processed data and the document systems, for the production of secure documents, and for continuous quality improvement.
IDENTIFICATION OF THE INTERESTS AND RIGHTS OF THE DATA SUBJECTS
Examination of the nature of the interest
Data control concerns the right to informational self-determination of data subjects. Data control has no other effect on the individual’s interests and freedoms. The interest of the data controller is protected by law and is accepted int he society. The legitimate interest of the controller is prevalent and compelling because it is an overriding, legally recognized interest and also a fundamental business and economic interest. This data processing is redulated in the relevant Civil Code as a right of privacy, including the right of the data subject to self-determination of the personal information, which is ultimately a right derived from a fundamental human right to human dignity. According to the settled case law of the Constitutional Court, certain aspects of human rights derived from human dignity, such as the right to self-determination of personal information in this case, may be restricted in a proportionate and proportionate manner.
The reasonable expectations, interests, fundamental rights or freedoms of the data subject
It is a reasonable expectation of the data subject that his or her data – his or her stay, movement, work or collaboration on the areas of the Printing Company and the duration thereof – should be processed only in a regulated manner, based on legal interest for the reconstruction, investigation of events, correlations related to production, and only in the manner and for the period communicated to him or her, and that all rights related to this, as provided by the GDPR, should be granted to him or her. Changing rooms, social rooms, medical facilities are not monitored by camera.
The advantages and disadvantages of data processing for the data subject
Data processing has no direct advantages for the data subject, however, indirectly provides him or her with safe working conditions and a safe environment to stay in. Data processing has no disadvantage for the data subject, although it is probably not in line with his or her intentions. Data processing causes no demonstrable other harm, detriment, suffering, or vulnerability either, and has no effect on the life of the data subject. This is supported by the fact that the operation of camera monitoring systems is generally accepted.
SAFEGUARDS APPLIED DURING DATA PROCESSING
Means, period of data processing, accessibility to data
The means of data processing is real-time image display and storage for a limited period with time stamping on a closed-circuit camera monitoring system available to anyone. Access to the data is limited to those involved in the implementation of internal audit and quality improvement measures, in the manner and to the extent absolutely needed for their work. Logging into the system and physical access to the system elements is controlled, the electronic systems provide differentiated privileges. The storage of recordings is limited to the absolutely necessary period (subjective retention period), taking into account the various interests involved. If the data are not used for other lawful purposes, they are deleted after 30 days (objective retention period).
Measures taken to keep the data safe
Data are processed in a closed, IT-protected system isolated from other systems. The storage area and access to it is physically protected and logged. In addition to the above, in the case of an electronic filing sysem, in order to protect the confidentiality, integrity and availability of personal data, the data controller stores the data in a password protected and/or encrypted data base in accordance with the IT security standards and procedures. This is governed by the own Information Security Policy of the data controller.
No automated decision-making is involved in the applied processes.
Provision of information
Information is provided in advance or at the boundary of the monitored area, at the normal points of entry at the latest.
RESULT OF THE BALANCE TEST
(legitimate interest, necessity, proportionality)
We conclude that we have a legitimate interest in data processing. The introduced measures and the data processing implemented by them are absolutely and minimally necessary for achieving the purpose, they have no real alternative. In view of the fact that the processed personal data are stored and used only for the purpose and for the period necessary for achieving the purpose, and access is limited to those who absolutely need it for their work, the data controller has ensured that personal data are kept safe, and has also taken into consideration the interests, rights and reasonable expectations of the data subject, therefore the restriction of the right of the data subject to self-determination in order to achieve the desired purpose is proportionate.
The additional security measures implemented by the data controller ensure that the data subject is not exposed to other risks as a result of data processing. The data subject is informed in advance of the data processing, the context of data processing and his or her rights.
On the basis of the above balance test it can be concluded that data processing is necessary and proportionate, it causes no undue interference with the privacy of the data subject, the legitimate interest of the data controller may serve as a legal basis for data processing.