Hesse: HBDI updates guidance on use of animal observation cameras in public areas
The Hessen data protection authority ('HBDI') announced that, in April 2022, it had updated a leaflet, initially published back in 2012, on data protection compliant operation of animal observation cameras, to take into account technical progress and a changed legal basis for processing. In particular, the leaflet states that the purely private operation of animal observation cameras in publicly accessible areas, including the open countryside, is generally not permitted under data protection law. However, the leaflet further notes that in exceptional cases, there may be a justified interest for a person to carry out such surveillance, in which case the legal basis of legitimate interests in Article 6(1)(f) of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') may be relied on for the lawful processing of personal data. In this regard, the leaflet lists further principles applicable to the use of video surveillance in open countryside as well as implementation guidance for use of the above mentioned cameras where there is a legitimate interest.