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The installation of a video surveillance system inside the classrooms of municipal kindergartens could be proportionate in the face of reasonable indications of the possible commission of a serious illegal act by a person working any of the children, exceptionally and for a limited time, and provided that information is provided in accordance with article 89 of the LOPDGDD. The person in charge, however, would not have sufficient legitimacy to install this system so that parents and/or legal guardians can view live images of the activities carried out by their children.

A municipal watcher photographs a vehicle with which a traffic offence is allegedly committed, in which the image of the person sitting inside is shown.

The capture, recording and diffusion of images of natural persons identified or identifiable in the municipal pavilion constitutes a processing of personal data subject to the principles and obligations of the GPD, which could be permissible for the effects of Article 6.1.f) GDPR, provided that specific guarantees are applied, specifically, in relation to the duty of information and the principle of minimisation. The responsibilities of the intervening subjects should be clarified in order to determine who is responsible for treatment, as well as the justification of the use of mechanisms based on artificial intelligence.

The whistleblower complained that the public company fired her while in trial, due to a photograph that would have been made while she was drinking during the labor break. Previous information is archived because it could not be credited that the reported company has performed any processing of the image of the complainant. There is also no evidence to indicate that the company had any interest in obtaining the photograph of the person complaining for use for the purposes described by the person complaining, that is, to motivate the termination of the working relationship.

The City Council could only capture images of individuals through video surveillance cameras on the islands of waste containers in the municipality in the event that the system is installed in delimited and enclosed spaces, other than public roads, on the basis of article 22 of the LOPDGDD and the competences of the municipality in matters of waste.

Activation of the camera during online classes can generally be considered a lawful treatment, given the obligation of schools to ensure and ensure the educational function in relation to the students affected and the fulfillment of a mission in public interest (eg art. 6.1.e) RGPD), and the forecasts established by the health and education authorities in the context of a pandemic, without the need for the consent of those affected. In any case, the principle of proportionality must be taken into account. The Foundation may urge students to have the camera activated during the online class if necessary for its development, without prejudice to the possibility that the affected persons may exercise the right of opposition in view of their particular situation.

The City Council could have a sufficient legal basis to carry out the processing of images through video surveillance cameras in the areas referred to in the consultation, given the provision of Article 6.1.e) of the GDPR, in connection with Article 22 of the LOPDGDD, if done in the terms of paragraphs 1 and 2 of that article. With regard to the procedure to be followed in order to consider the video surveillance system appropriate to the data protection regulations, it will be necessary to comply with the principles and obligations established in the data protection regulations (GDPR and LOPDGDD) and, if applicable, in the Instruction 1/2009.

It is in accordance with data protection rules to use clearly visible information posters detailing, in the terms that we consider most appropriate, that the collection and processing of data on healthcare workers and patients or their accompanying persons requires, as a general rule, their consent or other legal basis, as well as the obligation to comply with the obligations laid down in data protection regulations and the other legal order.