CCTV signage requirements: the notice clauses
A sign is where the notice at the point of capture starts. The held texts ask for information to be given; none of them prescribes the wording of a sign.
- GDPR and UK GDPR
- Art. 13: the controller, the purposes and the basis, the recipients, the retention period and the rights, given at the time of collection; a sign usually gives the first layer and points to the rest.
- Australian Privacy Principles
- APP 5 notice of collection and APP 1 an up-to-date privacy policy.
- CCPA
- 1798.100 and 1798.130(a)(5)(C): notice at or before the point of collection with the categories, purposes and retention.
- BIPA (face matching in Illinois)
- 15(b)(1): written notice before collection, which a sign alone may not be.
- Named, not quoted
- New York City Administrative Code, sections 22-1201 to 22-1205 for New York City; Workplace Surveillance Act (NSW) 2005 for New South Wales workplaces.
The clauses
GDPR Art. 13Information to be provided where personal data are collectedInformation to be provided where personal data are collected. Where personal data is collected from the data subject, provide at the time it is obtained the identity and contact details of the controller and any representative, the contact details of the data protection officer, the purposes and the legal basis, the legitimate interests where that is the basis, the recipients or categories of recipient, and any intention to transfer to a third country with the existence or absence of an adequacy decision and, for Article 46, 47 or 49(1) transfers, reference to the safeguards and how to obtain a copy. Provide in addition the storage period or the criteria used to determine it, the existence of the rights of access, rectification, erasure, restriction, objection and portability, the right to withdraw consent where consent is the basis, the right to lodge a complaint with a supervisory authority, whether providing the data is a statutory or contractual requirement and the consequences of not providing it, and the existence of automated decision-making including profiling with meaningful information about the logic involved and its significance and envisaged consequences. Before further processing for a new purpose, provide that purpose and the further information first.
UK GDPR Art. 13Information to be provided where personal data are collected from the data subjectArticle 13 Information to be provided where personal data are collected from the data subject. At the time of collection the controller must give its identity and contact details (and any representative's), the data protection officer's contact details, the purposes and lawful basis, the legitimate interests where Article 6(1)(f) is relied on, the recipients, and any intended transfer abroad with whether transfer regulations under Article 45A cover it or which safeguards are relied on and how to get a copy. It must also give the retention period or criteria, the rights of access, rectification, erasure, restriction, objection and portability, the right to withdraw consent, the right to complain to the controller and to the Commissioner, whether provision of the data is required and the consequences of not providing it, and the existence of automated decision-making subject to Article 22C safeguards with meaningful information about the logic and consequences. Before further processing for a new purpose the data subject must be told of it, unless the further processing is for research, archiving or statistics under Article 84B and telling them is impossible or disproportionate, in which case the controller must protect their interests, including by publishing the information.
APP APP 5Notification of the collection of personal informationAPP 5 - Notification of the collection of personal information. Notify individuals of the collection of their personal information and the matters set out in APP 5.
APP APP 1Open and transparent management of personal informationAPP 1 - Open and transparent management of personal information. Manage personal information in an open and transparent way, including having a clearly expressed and up-to-date APP privacy policy.
CCPA s. 1798.100General duties of a business that collects personal informationGeneral Duties of Businesses that Collect Personal Information. Businesses collecting personal information about consumers must inform consumers, at or before the point of collection, of the categories of PI collected and the purposes for which categories will be used. PI shall not be collected for additional purposes incompatible with the disclosed purpose without providing notice. Businesses must implement reasonable security procedures and practices appropriate to the nature of PI. Retention periods or criteria must be disclosed and PI may not be retained longer than reasonably necessary.
CCPA s. 1798.130(a)(5)(C)Notice at CollectionNotice at Collection. At or before the point of collection of PI, a business shall inform consumers of the categories of PI to be collected and the purposes for which it is used, whether the PI is sold or shared, and the length of time the business intends to retain each category of PI or, if not possible, the criteria used to determine retention.
BIPA s. 15(b)(1)Written notice that a biometric identifier or information is being collected or storedWritten notice that a biometric identifier or information is being collected or stored. Before collecting, capturing, purchasing, receiving through trade or otherwise obtaining a person's or customer's biometric identifier or biometric information, the private entity must inform the subject, or the subject's legally authorized representative, in writing that a biometric identifier or biometric information is being collected or stored. The notice must precede the first collection; a notice given after enrolment does not cure the collection already made.