The legislation on the video surveillance

View of a public place may be allowed in any of the following cases :

  • protection of public buildings and facilities and their environs,
  • backup facilities that are useful to national defence,
  • regulation of transport flows,
  • infringements of the traffic regulations,
  • prevention of damage to the security of persons and property in places particularly exposed to risks of assault, theft or drug trafficking,
  • prevention of acts of terrorism,
  • prevention of natural or technological risks,
  • rescue and fire defence,security of the facilities open to the public in the parks.

The application for an authorisation

The authorisation requirement applies only to public places.Provided that you do not view the public road, no permission is required for installation in a private or professional premises, which do not welcome an audience.

Standard procedure

The request for permission of installation of surveillance cameras in a public place should be made through the prefect of the location (in Paris, the prefect of the police).It can be done :

If the video-surveillance system is in network and covers multiple departments, the request must be addressed to the prefecture of the department of the head office.The authorization is issued for a period of 5 years, renewable.

Banking establishment

For a bank, a request for authorisation must be made to the préfecture (or the préfecture de police in Paris), using the form cerfa n°14095*02.

Right to information

The public must be informed of the existence of the video surveillance system and of the authority, or the person, responsible.

The presence of placards on which is represented a camera is required in case of use of a fixed system of video surveillance of public roads.

In the places and establishments open to the public, the information must be made poster or sign, with a pictogram of a camera.

These signs must be constantly present in the places concerned, and they must be understandable to the general public.

The largest banks (supermarkets for example), you must also indicate the name or quality, and the phone number of the person responsible for the system.

 

Right of access and preservation of images

Any person can access records relating to and verifying the destruction within the time limit fixed by the local authorization.

The conservation of the images can not exceed 1 month, unless court proceedings in progress.

The request for access should be addressed to the responsible for the video surveillance system.

This access is a right. However, it may be refused for reasons relating to State security, defence, public security, in the case of judicial investigation or to protect the secrecy of the private life of third persons.

 

Monitoring and remedies in case of difficulty of access

Departmental Commission of the systems of video surveillance

Anyone encountering a difficulty in the operation of a video surveillance system may apply to the departmental commission of the systems of video surveillance.

This instance can also, without any reference to individuals, decide whether to exercise a control of the systems (except in matters of national defence).

It can also issue recommendations, propose the suspension or the removal of unauthorized devices. It informs the mayor of the municipality of the proposal.

National Commission on informatics and liberties (Cnil)

The Cnil can, on request of the departmental commission of the systems of video surveillance, the person responsible for the system or on its own initiative, carry out an inspection to ensure that the system is used in accordance to its authorization and the provisions of the act.

If it finds a breach, it may, after notice to the person responsible for the system of compliance, request the prefect to order the suspension or removal of the system. It informs the mayor of the municipality concerned of this request.

Appeal to the judge

That the commission has been input or not, any person may also address the competent court, in case of difficulties with a video surveillance system.

It may be the administrative judge or the judge's court, according to the situations and the subject of the appeal (including quality public or private to the person responsible for the system, action for the annulment of the local authorization, criminal prosecution, etc).

The interested party may file, if he deems it necessary, an application for interim relief.