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Video surveillance

Heading amended by the Regulations of 9 August 2013 No. 970.

Section 8-1. Scope

This chapter applies to video surveillance, cf. section 36 of the Personal Data Act.

Amended by the Regulations of 9 August 2013 No. 970.

Section 8-2. (Repealed by the Regulations of 9 August 2013 No. 970)

Section 8-3. Police use of recordings

Section 11, first paragraph, letter c), of the Personal Data Act shall not preclude police use of recordings in its possession, in connection with the prevention of criminal acts, in connection with the investigation of accidents or in cases concerning a search for missing persons.

The right of access pursuant to the Personal Data Act shall not apply to recordings that are in the possession of the police, or to recordings that may be of significance for the security of the realm or its allies, its relationship with foreign powers and other vital national security interests.

Amended by the Regulations of 9 August 2013 No. 970.

Section 8-4. Erasure of recordings

Recordings shall be erased when there is no longer any objective ground for storing them, cf. section 28 of the Personal Data Act.

Recordings shall be erased not later than seven days after the recordings are made. However, the obligation of erasure pursuant to the preceding sentence shall not apply if the recording is likely to be turned over to the police in connection with the investigation of criminal acts or accidents. In such cases, the recordings may be stored for a period not exceeding 30 days.

Recordings made on postal or bank premises shall be erased not later than three months after the recordings were made.

The obligation to erase data pursuant to the second and third paragraph shall not apply

a) to recordings that are in the possession of the police, or

b) to recordings that may be of significance for the security of the realm or its allies, its relationship with foreign powers and other vital national security interests, or

c) where the subject of the image recording consents to the recordings being stored for a longer period of time.

If the obligation of erasure pursuant to the first paragraph arises for recordings that have been turned over to the police by other persons, the police may return the recording to the said persons, who shall erase it as soon as possible if the time limit pursuant to the second and third paragraphs has expired.

If there is a special need to store for a longer period of time than that laid down in the second and third paragraphs, the Data Protection Authority may grant an exemption from these provisions.

Amended by the Regulations of 9 August 2013 No. 970.

Section 8-5. (Repealed by the Regulations of 9 August 2013 No. 970)