Camera surveillance law in Belgium

1. The legal framework: an overview

The Camera Act

Camera surveillance in Belgium is primarily governed by the Act of 21 March 2007 regulating the installation and use of surveillance cameras, in practice referred to as the 'Camera Act'. This legislation forms the backbone of all rules on surveillance cameras in our country.

In 2018 the Camera Act underwent a significant revision to bring it in line with the General Data Protection Regulation (GDPR). These changes were supplemented by various new Royal Decrees that further detail the practical implementation of the law.

Relationship to the GDPR

A crucial aspect of the legal framework is the relationship between the Camera Act and the GDPR. Camera surveillance almost always involves the processing of personal data, which makes the GDPR applicable. This does not, however, apply when cameras are used for purely household or private purposes, such as a camera that only films the interior of a private home.

It is also worth mentioning that not all surveillance systems fall under the GDPR. Fake cameras, for example, which only serve as a deterrent but do not record images, fall outside the scope of the GDPR because they do not process personal data. The same applies to cameras placed so high or adjusted in such a way that they do not film identifiable persons.

For the legal basis of camera surveillance, the European Data Protection Board (EDPB) has clarified that 'legitimate interest' (Article 6.1.f GDPR) is often the most appropriate basis. This interest can take various forms:

• Protection of property against theft or vandalism
• Safety of staff and visitors
• Securing of sensitive information or installations
• Prevention of fraudulent activities

Importantly, this interest must be real and current, not merely fictitious or speculative. There must be a concrete reason or reasonable concern that justifies the camera surveillance. For example, a jeweller in an area with a high number of burglaries has a clearer legitimate interest than an office in a low-risk environment with no history of incidents.

Before installing a camera system, the data controller must always critically assess whether this measure is appropriate, suitable and necessary for the intended purpose. Camera surveillance should only be deployed when the purpose cannot reasonably be achieved by means less intrusive to the privacy of those concerned.

Recent legislative changes and additions

In addition to the Camera Act, specific laws have recently been adopted that govern the use of cameras in specific sectors:

Civil safety act (2024). On 21 February 2024 a new act was adopted that regulates the use of cameras by the operational services of civil safety. This act, published in the Belgian Official Journal on 19 April 2024, adds a chapter to the Act of 15 May 2007 on civil safety. As a result, emergency response zones and Civil Protection have a clear framework for the use of cameras during interventions. This separate legislation became necessary due to the increasing deployment of cameras in emergency vehicles such as ambulances and fire engines, and provides clear rules on when these services may record images and how long they may be retained.

Police duties act (2023). Since 21 January 2024 police services have a legal framework for the use of bodycams. This act of 19 October 2023 regulates when and how police officers may deploy bodycams during interventions. The use of these wearable cameras is subject to strict conditions, protecting both the privacy of citizens and the safety of officers. This legislation falls outside the general Camera Act, but is relevant for the broader picture of camera supervision in public spaces.

These new legal frameworks show that camera legislation continues to evolve to respond to technological developments and new applications of camera systems, while preserving the core principles of the Camera Act.

2. Scope of the Camera Act

Definition and scope

The Camera Act applies to all surveillance cameras on Belgian territory that meet the following criteria:

• They have surveillance and supervision as their purpose.
• They are used for one of the following purposes: preventing, detecting or investigating offences against persons or property; preventing, detecting or investigating nuisance; monitoring municipal regulations; maintaining public order.

The law defines a surveillance camera as "any fixed, temporarily fixed or mobile observation system whose purpose is the surveillance and supervision of places and which processes images for that purpose". This broad definition covers a diverse range of camera systems, from simple fixed cameras to advanced mobile systems with motion detection or facial recognition.

Exceptions to the scope

There are important exceptions to the scope of the Camera Act. The act does not apply to:

• Cameras placed in the workplace with a view to safety and health of employees, protection of business assets, monitoring of the production process or supervision of employees. These situations fall under collective labour agreement no. 68.
• Cameras installed for purely household purposes within a private home.
• Cameras whose purpose is not surveillance and supervision, such as cameras for traffic observation or scientific research.
• Fake cameras that only serve as a deterrent.

It is important to note that in many situations a cumulative application of different legal regimes may apply. For example, in a shop, cameras may serve both to prevent customer theft (Camera Act) and to monitor staff (CLA no. 68). In such cases, both regimes apply, with the Camera Act taking precedence in the event of a conflict.

3. Categories of places: a crucial distinction

The Camera Act draws a fundamental distinction between three different types of places, each with its own specific rules and requirements. This division is crucial, because the category to which a place belongs determines which rules apply and how strict the requirements are.

Non-enclosed place

A non-enclosed place is defined as any place that is not delimited by an enclosure and is freely accessible to the public. The most obvious examples are:

• Public roads and streets
• Public squares and parks
• Market squares
• Promenades and walking paths
• Publicly accessible nature areas

The concept of "enclosure" presupposes at least a clear visual demarcation such as a "private" sign, road marking, or another indication that distinguishes one place from another. When a non-enclosed place is temporarily delimited, for example a fenced festival ground, it temporarily becomes an enclosed space.

An important aspect of non-enclosed places is that surveillance cameras may only be installed there by public authorities, not by private entities. This reflects the public character of these spaces and the greater intrusion on privacy that camera surveillance entails there.

Enclosed place accessible to the public

This category covers any enclosed building or any space delimited by an enclosure that is intended for public use and where services may be provided to the public. Examples are:

• Shopping centres and individual shops
• Bank branches and post offices
• Restaurants, cafés and hospitality venues
• Cinemas, theatres and concert halls
• Public car parks
• Museums and exhibition spaces
• Sports centres and swimming pools
• Hospitals and medical centres (public areas)
• Schools and universities (accessible parts)
• Hotels and accommodation
• Religious buildings such as churches and mosques

The public has access to these places, but under certain conditions (opening hours, entrance fee, rules of conduct, etc.). Both public and private entities may install surveillance cameras here, provided the legal requirements are met.

Enclosed place not accessible to the public

This is any enclosed building or any place delimited by an enclosure that is intended exclusively for use by its usual users. This category includes:

• Private office spaces not accessible to clients
• Factory halls and production areas
• Warehouses and storage areas
• Private parking spaces for staff
• Staff rooms in companies
• Technical rooms and server rooms
• Private homes and apartments
• Enclosed grounds around businesses
• Secured zones in critical infrastructure

These places are only accessible to a limited group of people such as employees, suppliers and occasional authorised visitors. The rules for camera surveillance are generally less strict here than for the other categories, because there is a lower expectation of privacy.

Where different types of places are combined — for example a shopping centre (publicly accessible) with adjoining offices (not publicly accessible) — the rule of thumb is that, where camera surveillance is carried out via the same system, the most protective regime applies.

4. Obligations when installing cameras

Internal registration: the camera surveillance register

One of the first obligations when installing surveillance cameras is keeping an internal register. This register documents all aspects of the camera surveillance and must be maintained and updated for as long as the video surveillance lasts.

This register can be integrated into the general processing register required under Article 30 GDPR, or kept as a separate document. It must contain the following extensive information:

• A detailed floor plan clearly indicating the exact location of all cameras
• A technical description of each camera, including type, model, functions and specifications
• A clear description of the specific purpose of the camera surveillance (e.g. building security, theft prevention)
• The exact legal basis for the processing of camera images under the GDPR (usually 'legitimate interest')
• A list of all categories of data subjects who may be filmed (visitors, employees, suppliers, etc.)
• A specification of the types of personal data collected (only image recordings or also sound recordings)
• A list of all recipients or categories of recipients of the personal data
• The exact physical or digital location where the images are stored
• Information on whether the images are viewed in real time and by whom
• The precise retention period of the images
• A description of how data subjects are informed about the camera surveillance
• A detailed overview of all technical and organisational security measures taken
• A confirmation of whether a Data Protection Impact Assessment (DPIA) was carried out and, if not, why this was not deemed necessary

This register not only serves as proof of compliance but also helps the data controller to maintain a complete overview of all camera systems and their purposes. During inspections by the Data Protection Authority, this register is often the first thing requested.

Notification to the police

A second essential obligation is the notification of every surveillance camera to the police. The notification procedure works as follows:

• For each surveillance location, one notification must be made, regardless of the number of cameras.
• The notification is made electronically via the online platform www.aangiftecamera.be.
• The information submitted can be consulted, modified or deleted at any time by the data controller.
• The notification must be checked and confirmed annually to ensure accuracy.

There is one important exception to this notification obligation: cameras used by a natural person within a non-publicly accessible private home are exempt from the notification obligation. This concerns, for example, cameras that only film the interior of a home.

Correct positioning of cameras

When installing surveillance cameras, the data controller must comply with strict rules on positioning:

• Cameras may not be specifically aimed at places for which the data controller has no authority.
• When monitoring a private entrance opposite a public space, cameras must be aimed in such a way that recordings of the public space are kept to an absolute minimum.
• Cameras may not in principle film parts of someone else's property.

The principle of proportionality plays a central role here: the intrusion on the privacy of persons must remain as limited as possible, and cameras must be positioned in such a way that only what is strictly necessary for the intended purpose is filmed.

An exception exists for certain sensitive locations designated by Royal Decree, such as:

• Airports and railway stations
• Nuclear sites and military domains
• Prisons and forensic psychiatric centres
• Port facilities and international institutions
• Buildings of the National Bank of Belgium

At these locations, cameras may be aimed at the perimeter immediately around the enclosed place, allowing wider surveillance.

Pictogram: transparency is mandatory

One of the most visible obligations is the placement of a pictogram at every entrance to a surveillance zone. This pictogram must:

• Comply with the official model laid down in the Royal Decree of 10 February 2008.
• Be clearly visible at every access to the monitored zone.
• Be sufficiently large in proportion to the place where it is affixed.

The following information must appear on the pictogram or an accompanying medium:

• "Camera surveillance – Act of 21 March 2007"
• The name and contact details of the data controller
• The postal address and, where relevant, the email address or telephone number
• The contact details of the Data Protection Officer (if any)
• A reference to further information on the modalities of the camera surveillance

This pictogram fulfils a dual function: on the one hand it informs data subjects about the presence of cameras, on the other hand it forms the legal basis for filming. Entering a place where camera surveillance is clearly indicated is considered implicit consent to be filmed. Without this signage, there would be prohibited covert camera supervision.

5. Use and storage of images

Real-time monitoring: strict limits

Viewing camera images in real time is subject to strict restrictions. This is only allowed in two specific cases:

• For the purpose of intervening immediately in case of an offence, damage or nuisance. In this situation, images may be viewed by persons who have the authority to take direct action, such as security personnel.
• In publicly accessible spaces, if a control screen is present near the cameras. This screen must be visible both to the data controller and to staff and visitors present, for example at the entrance of a shopping centre.

In all other cases, real-time viewing of images is only allowed by recognised security agents, or in exceptional cases under direct supervision of police services. This restriction is intended to prevent abuse of camera systems for unauthorised surveillance.

Retention periods: clear time limits

The Camera Act sets clear limits on how long camera images may be kept:

• General maximum retention period: one month. This term applies to all standard situations and may not be exceeded without specific reason.
• Extended retention period: three months. This longer period only applies to specific places with a particular safety risk, such as airports, railway stations, nuclear sites and other locations designated by Royal Decree.
• Exception for evidence. If images can contribute to proving an offence, damage or nuisance, or to identifying perpetrators, witnesses or victims, they may be kept longer than the standard period. In this case they must be transferred to the police or judicial authorities as soon as possible.

It is important to note that for cameras in publicly accessible enclosed places, recording images is only allowed to gather evidence of nuisance, offences or damage, and to identify those involved. In non-publicly accessible enclosed places, images may also be kept for other legitimate purposes.

6. Access to images: strict control

Who has access?

Access to camera images is strictly regulated to protect the privacy of those filmed:

• In principle, only the data controller and persons under their direct authority may have access to the images. These can be, for example, security staff or specifically designated employees.
• All persons with access to the images have a legal duty of discretion. They may not further disseminate the information they obtain through the images or use it for other purposes.
• Installers and external security firms act as processors. They have no independent right of access to the images, but always act on instructions from the data controller.

The data controller must implement adequate security measures to prevent unauthorised access to the images. This includes both technical measures (such as encryption and password protection) and organisational measures (such as access policies and logging).

Transfer to authorities

There are specific rules for sharing images with authorities:

• Voluntary transfer when offences or nuisance are observed. The data controller may transfer images to the police or judicial authorities if they show facts that may constitute an offence or nuisance.
• Mandatory transfer on request. If the images concern an established offence or nuisance, the data controller is obliged to transfer them free of charge to the police on their first request.
• Right to a judicial mandate. In non-publicly accessible enclosed places, the data controller may require that a judicial mandate be presented before images are transferred.

Rights of those filmed

Persons who are filmed have specific rights that must be respected:

• Right of access to images. Anyone who is filmed has the right to obtain access to images on which they appear, provided a reasoned request is submitted. This right is anchored in both the Camera Act and the GDPR.
• Practical limitations. In practice, this right may be limited by short retention periods. If, for example, images are kept for only 24 hours, it is often technically impossible to respond to an access request in time.
• Prohibition on publication. The Camera Act in principle prohibits publishing camera images on the internet or in a shop window. For example, posting images of shoplifters on social media or in the window display is not allowed, even as evidence of theft.

Questions or need support?

Feel free to ask your further questions to property manager SEBAS, we are happy to help. welkom@mysebas.be

Source: Everest advocaten