Recording a person with a body-worn camera for official purposes is considered personal data processing, said the public relations specialist of the Data Inspectorate (DI), Ginta Gailuma, to the LETA agency.
She explained that it is essential to first understand whether recording is taking place at a specific moment, as the mere presence of a camera on an official's uniform does not necessarily mean that recording is occurring.
According to Gailuma, information about when and under what circumstances the camera is activated is usually more precisely defined in the internal rules of the institution, such as in privacy policies, data processing rules, and other documents. If necessary, this can be clarified with the relevant institution or company.
"Cameras are most likely activated only when an incident occurs and are not turned on at any moment during the performance of official duties," noted a representative of the Data Inspectorate. If the camera is indeed on, the subsequent situation is considered personal data processing.
As Gailuma explains, the responsibility for what happens to the recording after its creation and storage lies with the specific institution or company whose employee is equipped with such a camera.
The purpose of the recording and the duration of its storage are also determined by the relevant data operator, such as the police or the company whose employees use body-worn cameras for official purposes.
"Even if an image of an identification document comes into view of the camera, data processing must be carried out in accordance with data protection regulations, as well as specific laws, such as the Police Act," explained Gailuma.
She also emphasized that there are no separate exceptions or distinctions in data processing in cases where individuals or identification documents are captured in the frame.
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