§ 14 LDSG SH
Video surveillance of publicly accessible spaces
(1)The monitoring of publicly accessible spaces by means of optical-electronic devices (video surveillance) shall be lawful only insofar as this is 1. necessary for the performance of tasks of public bodies, or 2. necessary for the exercise of the right of domiciliary control, and there are no indications that the legitimate interests of the data subjects outweigh. Data including data within the meaning of Article 9(1) of Regulation (EU) 2016/679 may be processed in this context. The automated processing of biometric data for the purpose of identifying natural persons shall not be permissible.
(2)The fact that monitoring is taking place, the information pursuant to Article 13(1)(a) to (c) of Regulation (EU) 2016/679, and the possibility of obtaining further information pursuant to Article 13 of Regulation (EU) 2016/679 from the controller shall be made recognisable by appropriate measures at the earliest possible point in time.
(3)The further processing of data collected pursuant to paragraph 1 shall be lawful where it is necessary to achieve the purpose pursued and there are no indications that the legitimate interests of the data subject outweigh. Processing for other purposes shall be permissible only insofar as this is necessary for the prevention of dangers to national and public security, for the prosecution of criminal offences, or for the enforcement of sentences. Paragraph 1 sentence 3 shall remain unaffected.
(4)Where data collected by video surveillance are attributed to a specific person or processed for purposes other than those referred to in paragraph 1, the duty to inform the data subject of the processing pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 shall apply, insofar as and as long as the purpose of the processing is not jeopardised thereby.
(5)Where and insofar as the data are no longer necessary for the achievement of the purposes pursuant to paragraphs 1 and 3 or the legitimate interests of the data subject are opposed to further storage, the data shall be erased. Erasure shall take place without undue delay. zur Einzelansicht § 14