Art. 24 BayDSG
Video Surveillance (on Art. 6 GDPR)
(1)The processing of personal data by means of optical-electronic devices (video surveillance) shall be permissible where this is necessary in the performance of public tasks or in the exercise of the right of domiciliary control,
(2)to protect the life, health, freedom or property of persons present in the area of public facilities, public means of transport, official buildings or other structures of public bodies or in their immediate vicinity, or
(3)to protect cultural assets, public facilities, public means of transport, official buildings or other structures of public bodies as well as property located therein or in their immediate vicinity
(4)and there are no indications that overriding legitimate interests of the data subjects would be affected.
(5)Video surveillance shall be made identifiable by suitable measures. The controller shall be indicated, insofar as this is not apparent from the circumstances.
(6)The data may be processed for the purpose for which they were collected, and for another purpose only insofar as this is necessary for the prevention of threats to public safety and order or for the prosecution of administrative offences of significant importance or of criminal offences.
(7)The data collected and stored pursuant to para. 1 and any records produced therefrom shall be deleted no later than two months after collection, unless they are required for the prevention of threats to public safety and order, for the prosecution of administrative offences of significant importance or of criminal offences, or for the assertion of legal claims.
(8)Without prejudice to Art. 35 para. 2 GDPR, public bodies shall notify their official data protection officer in a timely manner before the deployment of video surveillance of the purpose, the spatial extent and duration of the video surveillance, the affected group of persons, the measures pursuant to para. 2, and the intended evaluations, and shall give him the opportunity to comment.