§ 4 BDSG
Video surveillance of publicly accessible spaces
(1)The surveillance of publicly accessible spaces by means of optical-electronic devices (video surveillance) shall be permissible only insofar as it is necessary 1 for the performance of the tasks of public bodies,; 2 for the exercise of the right to establish authority over property or; 3 for the pursuit of specifically defined purposes established by bodies authorised to exercise such rightsand no indications exist that the legitimate interests of data subjects override such surveillance. If video surveillance is carried out for the protection of persons pursuing activities on behalf of the operator, the provisions shall apply accordingly to the person protected.
(2)The circumstances of video surveillance and the name and contact details of the controller shall be indicated by means of appropriate measures at the earliest possible opportunity.
(3)The storage or use of personal data obtained through video surveillance shall be permissible where it is necessary to achieve the purpose pursued in accordance with Subsection (1) and no indications exist that the legitimate interests of the data subject override such storage or use. The data may be processed for another purpose only insofar as this is necessary to avert dangers to national or public security or for the prosecution of criminal offences.
(4)Where personal data have been obtained by means of video surveillance, they shall be deleted without undue delay if they are no longer necessary for the achievement of the purpose or if there are overriding legitimate interests of data subjects opposing the continued storage. Section 35 shall remain unaffected.
(5)The rights of competent supervisory authorities under Section 16 Subsection (4) shall also apply to non-public bodies, insofar as they carry out video surveillance of publicly accessible spaces.