Video Surveillance as a Preventive and Investigative Measure for Businesses and Private Individuals

We have compiled information on video surveillance in public spaces in Munich here. But what is the legal situation in companies and private households? Are you allowed to simply install cameras and monitor your house or flat during your absence in order to identify an offender in the event of a burglary? Are companies permitted to use cameras preventively to monitor customers or employees? In short: video surveillance – is it legal? The detectives of Kurtz Detective Agency Munich explain:

Rule and Exception

In most cases, the basic principle initially applies: video surveillance – no, this is not permitted! Recording by camera primarily constitutes an infringement of the personal rights of the filmed person or persons under Articles 210 and 211 of the Basic Law (Grundgesetz). This therefore concerns a constitutionally protected provision safeguarding personal rights. However, every rule has its exceptions:

An entrepreneur undoubtedly has a legitimate interest in protecting their property. If means other than video surveillance can ensure this protection, those alternatives must always be preferred over camera surveillance in accordance with the principle of proportionality. Clear regulations can be found in Sections 6b, 28(1) and (2), and 30 of the Federal Data Protection Act (Bundesdatenschutzgesetz). Video surveillance is to be regarded as necessary only if, and only for as long as, the legitimate interests of the recorded person or persons are not disproportionately infringed. In operational social areas such as toilets or sleeping quarters, no cameras may be installed, as these belong to the most intimate private sphere. However:

Balancing of Interests

If theft, damage to property or burglary occurs in a business or private home, these constitute unlawful attacks on the owner’s property. Within the framework of a balancing of interests, it must then be decided which right carries greater weight: the personal rights of those filmed or the injured party’s right to protection of their property. A burglar can hardly complain that their personal rights were violated by video documentation during the commission of an offence, as the very fact that they were within the camera’s field of view is the result of their own unlawful conduct. Employees who have been informed that they are being filmed during the performance of their duties likewise cannot invoke their personal rights if the known camera documentation proves their involvement in a criminal offence.

The situation becomes legally far more problematic when it comes to covert video surveillance, as explained below by Kurtz Detective Agency Munich.

Covert Video Surveillance

The installation of covert video surveillance by detectives – or rather by security companies – has repeatedly led to scandals and minor controversies in the past. The use of hidden cameras constitutes such a serious interference with the personal rights of those affected that its admissibility is generally given only where there is a very specific suspicion of a criminal offence. Even then, the installation must be limited in time and proportionate. This applies in particular to businesses. The security experts of Kurtz Detective Agency Munich will be pleased to advise you on a case-by-case basis: +49 89 7007 4301.

Even within your own four walls, you may not install hidden cameras at will, unless you are the only person authorised to be there, or all persons who enter the monitored area without committing an offence are informed about the camera installation, or there is a specific suspicion of a criminal act.

Installation of Security Technology by Detectives from Munich

If you wish to monitor your business or your property using security technology, please contact the investigators of Kurtz Detective Agency Munich. Our detectives carry out a security analysis and provide you with the technology suitable for your case, naturally in compliance with all legal requirements. Contact us for a non-binding consultation: kontakt@kurtz-detektei-muenchen.de.