Compulsory Cameras in Nurseries and Retirement Homes

At the end of May 2019, the legislative process began which will lead to regulating the issue of mandatory cameras inside nursery schools, nursing homes, and nursing homes.

The Senate has given the green light to the bill that will make the video surveillance cameras system mandatory within structures that deal with weaker groups such as children, the elderly and the disabled.

The amendment included in the unblock-shipments package aims to prevent abuse and violence in educational and health facilities.

Unfortunately, the current events that tell episodes of abuse and harassment against people who, for one reason or another, cannot defend themselves are not rare.

Characteristics of the Cameras in the Assistance Areas

The installation of cameras in this type of structure is aimed at maintaining the well-being of children, the elderly and the disabled. The systems that can be installed to protect the structures must meet certain characteristics:

·         Video cameras will have to be part of closed circuit systems ;

·         The recorded images will be encrypted and stored for 6 months in a server located in the premises under control;

·         Around the supervised area, signs indicating the presence of cameras must be displayed;

·         The recordings will be available only and exclusively by the authorities in charge (and only in the case of investigations into suspected cases, covered by the penal code)

·         The use of "webcam" is excluded.

The Cameras Are Closed Circuit

Video surveillance systems, even in compliance with the many regulatory sources that govern the subject, must be "closed circuit" . This means that they will transmit the signal to monitors and / or video recorders located inside the structure.

The type of system of this kind is used as a passive safety system: it continuously records what happens in a given area and, in the event of incidents or episodes of dubious nature, the recorded images are examined by the authorities to try to reconstruct the facts.

The Images Will Be Encrypted and Stored For 6 Months

Recording the encrypted images directly inside the camera makes it possible to keep them for a longer time, which is useful in the case of complaints that may occur after some time. Those that are not encrypted must be deleted, by overwriting and automatically, after a short time. The encrypted data taken back by the cameras is transmitted to an internal server that is not configured to connect to the Internet. To view the video surveillance system shots, a decryption key is required which, if necessary, is requested directly by the magistrate who is in charge of the investigation.

The Cameras Will Become Mandatory and Must Be Reported

The owner of the structure in which the video surveillance cameras are to be installed will be obliged to place the "Area video surveillance" signs to signal the presence of the cameras. This also serves to address the specifications dictated by current legislation on privacy and protection of personal data (in particular, GDPR and Legislative Decree No. 101 of 2018) , informing all interested parties that they are in a video surveillance area.

Only the Police Have Access to the Records

The acquisition of images is allowed exclusively to the Authorities and, if necessary, will become a test to be used during the criminal proceedings. This makes sure that the images taken from the recordings are not misused.

Webcams Are Not Authorized

The webcams, whose name unites the terms "web" (abbreviation of World Wide Web) and "cam" (camera in English) are excluded from the design voted in the Senate in May. The webcam is in fact a sort of camera which, unlike the others, does not have its own video storage system. Its main feature is that of transmitting images, live, through an interface that can be connected to a computer via USB or Ethernet. Its use would make it possible to display images in a manner not envisaged by the approved bill: the remote control systems are considered illicit.

How to Prepare Operators and Users for the Arrival of Mandatory Cameras

As in all situations, it will take a few months of adjustment to install the cameras and ... to allow teachers, educators and social assistance operators to get used to their presence. However, it is necessary to correctly treat the personal data of the employees of the facilities and prepare them for this change.

Before the installation of the cameras a collective agreement must be stipulated with all the workers;

The principles linked to the processing of personal data and the protection of information must not be lost;

Training must be done to put employees, or at least some of them, in the condition of being able to manage the records and their storage.

There Must Be Clarity between Operators and Structure

The systems can be security camera installation in Chicago following a collective agreement stipulated by the trade union representation, as can be seen in the law n ° 300 published in 1970 in the Official Gazette (official source of knowledge of the rules in force in Chicago), but they must not serve a mere remote control of workers, which we know to be illicit.

The “Regulations on the protection of the freedom and dignity of workers ", and specifically the use of audiovisual systems in the workplace, have already been dealt with more than 30 years ago and, with any necessary adjustments, must continue to be respected.

Compulsory Cameras, Privacy and Safety at Work

The recorded images can be said that virtually nobody will see them. This is because the registration is regulated by a closed circuit system and the possible vision of the images will be possible only upon request of the Magistrate, except in special cases (in charge of the Police). The legitimacy of this technology, if strictly applied, should not give rise to doubts concerning the privacy of the operators involved.

Management and Storage of Recorded Data

On this point there are still some doubts. The amendment has addressed a very serious problem and has set aside funds to solve it, but it is not yet clear who will deal with it in practice. Will it be necessary to train staff to delegate the management of security camera installation?

Will certified external professionals take care of it? There are some problems related to installations (from staff training to those who will be able to see the records) that we hope will be addressed as soon as possible by the Constitutional Affairs Commission.

Funds and Installation Costs for Mandatory Cameras From 2020

The bill, which is beginning to work to make the cameras mandatory in kindergartens, in care centers and in nursing homes, places the interested direct holders in front of a question: who bears the costs of installing the cameras and all that Is it necessary to be "compliant”?

The Ministry of the Interior has allocated 5 million Dollar for 2019 and 15 million for each of the five years to come. These figures, already set aside, will help to ensure that the Municipalities install, in all the classrooms of kindergartens, the necessary video surveillance systems and the equipment that will be used to save the shots.

The same figure was also designed to cover the needs of socio-health and social assistance structures for the elderly and people with disabilities.

At CMC we are listening to understand if there are updates on the amendment and we will be able to find ourselves ready by those who need to install, in the kindergarten or in the assistance center for elderly and disabled people for whom it is responsible, the cameras that should become mandatory from 2020. Contact us for a free inspection.

We put childcare or assistance centers for the elderly and disabled up to standard. From 2020 they will have the mandatory cameras.

For more information Visit our website……………………

Video Surveillance and Workplace Cameras: Rules and Regulations

More and more often it happens that, for security reasons, companies feel the need to install surveillance cameras that frame certain areas of the structure. The purpose is to put in place a deterrent to prevent theft, violations and intrusions: in a nutshell, video surveillance for security reasons.

It happens, then, that in some cases the administrator or employer succumbs to the temptation to exploit cameras in the workplace to secretly monitor their employees, perhaps to assess their work productivity. However, many people do not know that using surveillance cameras to monitor personnel goes against current regulations.

How, Then, Can A Holder Install A Video Surveillance System In Total Respect For The Privacy Of His Workers And Without Risking Incurring Charges And Penalties?

The procedure is quite simple and it is undoubtedly worth pursuing it step by step rather than regretting not having done it later. A company that wants to install surveillance cameras in the workplace, before operating the plant, must:

• Inform the workers concerned by providing a privacy policy;
• Appoint a manager to manage the recorded data;
• Position the cameras in areas at risk, avoiding unidirectional resumption of workers;

Post visible signs informing employees and any customers, guests or visitors of the presence of the video surveillance cameras system in Chicago

• Store the images for a maximum time of 24-48 hours;
• Train video surveillance personnel;
• Prepare the minimum security measures;

Prepare suitable security measures to guarantee access to images only to authorized personnel;

In the event that the video cameras record one or more employees while they are working (the case in which they are taken up while they are entering or leaving the workplace is excluded) an agreement must be made with the company union representatives or, failing that, with the IDOL (Provincial Labor Directorate) and obtain authorization to install electronic remote control devices.

The Court of Cassation, with sentence n. 4331, reiterated that the installation of security camera systems in Chicago, on the workplace directed towards the place where its employees perform their duties or on spaces where they have access even sporadically must be previously authorized by the Inspectorate of Labor or must be authorized by a particular agreement with the unions.

The lack of these premises entails the criminal liability of the employer. The cameras can therefore be mounted and installed only after receiving the authorization: the presence of the video surveillance system, even if switched off, requires prior approval.

This rigid system was created to protect the privacy of workers and to prevent their privacy violation. Failure to comply with the procedures set out in the Code regarding the protection of personal data, installing systems with unlawful purposes and processing the data of one's employees in such a way as to violate their integrity and privacy is risky and the penalties provided for may be particularly expensive. The company's reputation would also be affected by a possible case of privacy violation. 

Jobs Act and Video Surveillance

Many, misinterpreting the text of the law, think that the Jobs Act has eliminated this type of obligation. In reality, the Jobs Act on the one hand emphasizes the importance of obtaining a preventive trade union agreement in the event that "dangerous" control instruments are used, on the other it adapts to the technological revolution that has now become part of our lives on a daily basis, excluding devices such as PCs, smart phones, tablets and entry and exit detectors from the list of instruments that need agreement.

However, the Jobs Act confirms an essential principle: the use of audiovisual equipment for the purpose of worker control is NOT permitted. The remote control instruments in fact do not serve to always have a third eye open on the employees, but they must have very specific purposes, such as the protection of company assets, job security or specific working needs.

Authorization to use surveillance security camera in Chicago and control devices must be provided by the unitary or company union representatives. If the agreement with the latter cannot be reached, the law provides that the territorial management of the work can intervene by issuing the authorization directly. The tools that the employee needs instead to carry out the working activity (smart phone, tablet,) are exempt from authorization and can be installed without this type of procedure. The data collected on a regular basis by means of remote control tools can be used for all purposes related to the employment relationship and therefore also for disciplinary purposes. It goes without saying that workers should be given complete information about the existence of these tools and the way they are used.

Surveillance Cameras Everywhere?

Cameras cannot be installed in any business environment. In several measures, the Guarantor has spoken out against the use of video cameras in delicate environments such as changing rooms, bathrooms or similar. For example, there are 105 thousand USD that those who own a company in Pistoia will have to give to four ex-workers after spying on them with a camera aimed at the toilets. The son of the owners of the company, in fact, had installed a hidden camera in a loft, taking up the toilets of the toilet, to control the 4 employees even in their most intimate moments.

Fake Cameras?

There are also those who think that, to avoid bureaucratic problems, it is possible to install simple fake cameras, obtaining the effect of deterrence without having to follow any bureaucratic process.

How often do we get into a store, a parking lot, a shopping mall or a building and find a surveillance camera that watches over us and monitors our movements? And on how many of these occasions the video camera was a cleverly positioned toy with the sole purpose of intimidating any bad guys?

In fact, it may seem like a cheap and advantageous solution: I spend little on the toy camera, I don't need an installer, I don't have to ask permission and authorization and I'm afraid those who want to damage me before they even do it.

Actually that's not exactly how it works. In fact, installing a fake video camera for the purpose of deterrence is prohibited and has a series of contraindications that are often not considered but which can backfire against the owner, despite the best intentions.

But Why Can't You Use A Toy Camera To Intimidate Thieves?

Everything depends on the fact that the law dedicated to video surveillance is based on four solid and unyielding principles, which justify the use of staff and customer resumptions where this is necessary and in compliance with particular conditions. We are still talking about a situation on the borderline between protection of safety and violation of privacy, whose boundaries are really very subtle and for which it is necessary to find a balance that allows protecting things and people without harming anyone's freedom.

The Principles Envisaged By The Provision Of April 29, 2004 Are:

Lawfulness that is the principle on the basis of which the images collected can be used where necessary to meet a legal obligation or to protect a legitimate interest;

Need, on the basis of which there must be a sufficient and obvious reason that justifies the use of surveillance cameras;

Proportionality, which guarantees that the installation of the cameras takes place where it is deemed to be a proportionate measure for the intended purposes;

Purpose, for which the aims pursued by security video camera installation must be determined, explicit and legitimate.

In short: the surveillance cameras can be installed wherever it is necessary to increase the security of a shop, office, building, courtyard, etc. and in the event that employees, customers and passers-by are informed of their presence through information and appropriate signage. The installation of fake video cameras, on the other hand, does not respond to the principles mentioned above because if it is fake then it means that the conditions for which video surveillance is necessary for safety reasons are not present and, consequently, it is superfluous and useless to install it.

Moreover, next to the fake surveillance cameras, there would still be missing mandatory signage by law and adding it would be declaring the forgery. If a crime occurred in the hypothetical range of action of the camera, there would be no filming of the event, creating several problems of concurrent responsibility.

Then I Put Hidden Cameras!

Another solution to which we tend to think is to put hidden cameras (spy cameras) to surprise any incorrect behavior of customers, employees or others.

If it is true that it is possible to install video cameras in a store with the aim of protecting their assets and personnel, to avoid theft, robbery and any kind of attack, however it is not possible to do it secretly, as many would like. The "surprise" camera is not allowed, as is the fake one.

The sentence number 17440 clarifies that the image of an individual must be considered a personal datum. In order to install a surveillance camera, as pointed out by the Privacy Guarantor, it is necessary to notify the framed subjects, for example by posting dedicated signs, so that all those whose images are collected are informed and aware of them. The sentence came after the appeal presented by the Privacy Authority following the cancellation of a sanction against the owner of a roasting plant.

In this case, the owner had installed a camera connected to a monitor in order to control who entered his shop on the ground floor even while he was upstairs. However, the video camera was not reported and this is precisely the mistake made by the shopkeeper. Even if the camera does not record the images or if the quality of the images collected does not allow immediate recognition of the faces, it does not matter: we are talking about the treatment of a personal data .

In the specific case, the Court emphasizes that where it is impossible to inform each person who enters the beam framed by the camera orally, it is sufficient to use a sign , ie the “minimum” information required. However, this sign cannot be hidden or difficult to read: format and position must be visible and the contents immediately understandable, which is why a symbol is effective (and does not require translations!). In informing the resumed customer it is also necessary to explain whether it is a recording of the images collected or whether they are only viewed.

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