§ 21 LDSG RP
Video Surveillance
(1)The processing of personal data by means of opto-electronic devices (video surveillance) shall be lawful where this is necessary 1. for the performance of a task in the public interest or in the exercise of official authority, 2. for the exercise of the right of access to premises, or 3. otherwise for the protection of property or possession or for the monitoring of access authorisations and there are no indications that overriding legitimate interests of the data subjects are opposed. In the case of video surveillance of vehicles and publicly accessible facilities of public rail, ship, bus and cable car transport, the protection of life, health or liberty of persons present there shall be deemed a particularly important interest.
(2)The fact of video surveillance, the information pursuant to Article 13(1)(a) to (c) of the General Data Protection Regulation and the possibility of obtaining the further information pursuant to Article 13 of the General Data Protection Regulation from the controller shall be made recognisable by appropriate measures.
(3)Processing for other purposes shall only be lawful insofar as this is necessary to avert threats to public security or to prosecute criminal offences, or is regulated by law.
(4)Where data collected by video surveillance are attributed to a specific person, the data subject shall be informed about the processing in accordance with Article 13(1) of the General Data Protection Regulation, insofar as and for as long as the purpose of the processing is not jeopardized thereby. Section 12 shall apply accordingly.
(5)Image material obtained pursuant to paragraph 1 and documents produced therefrom shall be erased or destroyed no later than two months after collection, unless they are necessary for the prosecution of criminal offences, for the assertion of legal claims, or because of overriding legitimate interests of data subjects, in particular to remedy an existing lack of evidence. Until the data are removed, the processing of personal data within the meaning of Article 18 of the General Data Protection Regulation shall be restricted.
(6)Where a controller systematically, continuously or to an extent affecting a large number of persons monitors publicly accessible areas for the performance of a task and there is a high risk to the rights and freedoms of the data subjects, a data protection impact assessment pursuant to Article 35(3)(c) of the General Data Protection Regulation shall be carried out.
(7)The use of dummy cameras shall be permissible under the conditions of paragraphs 1 and 2. zur Einzelansicht § 21