GDPR Updates: New Guidelines, Code Of Practice, Regulatory Decision And CJEU Judgment

Guidelines on Video Devices. The European Data Protection Board (EDPB) has issued draft guidelines for public comment on the data protection issues arising from the use of video devices and video surveillance. The guidelines explain that controllers operating video systems must establish the legal ground for video processing, the most likely ground being a compelling legitimate interest of the controller, which overrides the interests, rights and freedoms of the data subjects, or for the establishment, exercise or defense of legal claims. As such, a real-life situation of distress needs to be at hand – such as damages or serious incidents in the past – to legitimize the use of video surveillance. The draft guidelines also indicate that the use of video devices must be adequate, relevant, proportional and limited to what is necessary in relation to the purposes for which they are used, consistent with the data minimization principle and the countervailing interests of