Saturday, February 15, 2025

SECURITY CAMERAS ARE A HEADACHE FOR AUTHORITIES AND CITIZENS - NUMEROUS COMPLAINTS FOR VIOLATION OF PRIVACY

 Filenews 15 February 2025 - by Fanis Makrides



The issue of the uncontrolled installation and use of closed circuit video surveillance (CCBP) in homes and apartment buildings has reached the breaking point.

The cameras are installed by citizens for security reasons of their homes/apartments, however, at the same time they violate the law, since they violate the constitutional rights of other fellow citizens in such a way as to interfere with their privacy.

The problem is so acute that since the beginning of the year it has been of great concern to competent authorities of the State, which have already mobilized to resolve the issue. The reason for the office of the Commissioner for Personal Data Protection, Irene Loizidou Nikolaidou, but also for the leadership of the Police.

Already after consultations between the Commissioner and the Police, actions were launched to normalize the situation.

The problem

As it is understood, the problem lies in the wrong way the cameras are placed. Citizens install CCBBs outside their homes or apartments, without taking care to regulate their range.

So, instead of the recording of images being limited to their private space, the law is being violated. They receive videos from public places (streets and sidewalks) but also from neighbouring houses. In fact, such systems are used to record images in common areas of apartment buildings, without a decision being taken by the management committee.

All this has the effect of violating the privacy of tenants of apartment buildings or persons living in houses adjacent to the houses of improperly installed closed circuits.

Plethora of complaints

The fact that the issue has become a scourge is also clear in official letters. More specifically, the Commissioner for Personal Data Protection, Irene Loizidou Nicolaidou, on 31 January sent a letter to the leadership of the Police, pointing out, inter alia, the following: "My Office receives, on a daily basis, a plethora of complaints regarding the non-involvement of officers of the Police Force, in matters related to its competences, namely the installation and operation of CCBB in houses/apartment buildings".

In the same document, the Commissioner points out that "the provisions of Regulation (EU) 2016/679 on the protection of personal data do not apply in the case of installation of CCBB in private places (such as houses/apartment buildings), because the processing carried out concerns personal/household activities"

At the same time, it makes it clear that the competent body of the State for examining these complaints is a matter for the Police: "Complaints concerning the installation of CCBB in houses/apartment buildings, which affects the privacy of persons residing in neighbouring residences or tenants in neighbouring apartments, are examined by the Cyprus Police."

It is also noted that "in homes, the recording range of the CCBB should be limited within the perimeter of the private space and should not be seen from a public road, sidewalks and/or neighbouring residences. In multi-apartment buildings, the use of RCMP by one tenant must not affect the privacy of other tenants. The installation of CCBB in the common areas of the apartment building should be carried out following a decision of the management committee".

In the same letter, Mrs. Loizidou Nicolaidou points out the "valuable contribution of the Cyprus Police" to the work of her office over time and asks that the leadership of the Corps do everything necessary so that all departments and police stations dealing with such complaints examine citizens' complaints.

Internal memo

As "F" was informed by the Cyprus Police, the whole issue has been examined and since last week an internal note has been sent to all the competent officers of the Force, so that identical citizens' complaints can be examined. This internal note contains all the necessary information on the legislation and provides specific instructions on how police officers should act in such cases.

Official statement of a spokesperson

We asked the spokesperson of the Police, Kyriaki Labrianidou, for an official position on the issue of closed-circuit video surveillance and our information on daily complaints of citizens who consider that their rights are violated by the way these systems are used by other citizens. Mrs. Lambrianidou stressed that the issue of the existence of complaints from citizens about the issue in question is known to the Police and measures have already been taken. He referred characteristically to a new circular sent by the leadership of the Corps to competent police officials, which highlights the need for a thorough examination of such complaints. "The leadership of the police has returned to ensure that the matter is handled thoroughly," he said. He added that the circular reminds us of some basic provisions of the legislation concerning the use of CCBB.

Efforts for years to solve the problem - What the Commissioner noted in October 2021, to which she referred in her recent letter

Through the letter of the Commissioner for Personal Data Protection to the police force, it appears that for years efforts have been made by her office to resolve the problem.

This follows from the fact that in her recent note at the end of January to the Police, she refers to a statement issued by her Office in October 2021. That communiqué stated, inter alia, the following:

'Image and sound data are personal data. The recording of image and sound constitutes processing of personal data, which in order to be lawful must be in accordance with the provisions of the General Data Protection Regulation (GDPR) 2016/679 and the National Legislation L. 125(I)/2018. Image capture using CCMP is only allowed if there is no less intrusive way to achieve the purpose.

Examples where image capture using CCMP is allowed:
> Building entrance/exit.
> Outside an elevator, isolating the image exclusively in it.
> Over a card payment device and/or cash register, isolating the image exclusively on it.
> Parking of apartment buildings following a decision of the Management Committee.

Examples where image capture using RCMP is not allowed:
> Toilets.
> Corridors.
> Waiting areas.
> Inside the elevator.
> Indoor/outdoor dining area of cafeteria, restaurant, etc.

It should be noted that under no circumstances is it allowed to control the personal behaviour, personal contacts and efficiency of individuals through such systems.

Signage using warning signs is mandatory. Warning signs should be conspicuous, sufficient in number and clearly visible to the persons being recorded. These signs must indicate (a) that a video recording is being made, (b) the purpose of the video recording and (c) the details of the controller'.