Retention of Video Surveillance Footage
The ports’ storage of surveillance footage is subject to both the General Data Protection Regulation and the Video Surveillance Act.
Deletion
The TV Surveillance Act stipulates that surveillance footage containing personal information must, as a general rule, be deleted after 30 days.
Under certain circumstances, however, ports may retain the recordings for longer than 30 days. This may be the case if it is necessary to retain the recordings in connection with a reported criminal offense, or if the port needs the recording in connection with a specific dispute.
This may also apply if the port needs to use the footage for crime prevention purposes. In this regard, it is important that the port be able to document, no later than the expiration of the 30-day deadline, that it has filed a report with the police regarding the specific circumstances—for example, by retaining a copy of the receipt for the report.
Freedom of Information
In addition, ports should be aware that video footage is also covered by the definition of “document” under the Freedom of Information Act, meaning that, depending on the circumstances, certain recordings may also be subject to the Freedom of Information Act and, consequently, the right to access public records.
However, this requires that it have been submitted to or created by a government agency as part of the administrative proceedings—for example, if it is (in exceptional cases) included as a document in one of the agency’s cases.
