Bauexperte
2016-07-12 13:20:21
- #1
basically, you are allowed to film on a piece of land as you like.
That is still not exclusively true. In the meantime, there are many rulings on private video surveillance with differing decisions. One thing all case law in this area has in common so far: it depends and always hinges on the respective circumstances.
Surveillance in a private area does not have to be announced.
Only if indeed only one’s own land is being video surveilled, as I understand the rulings correctly. Or if the installer can prove that in their case the video surveillance is to be valued higher than the personal rights of an individual.
**The BGH established the following principles:
[*]When installing video surveillance systems on private property, it must therefore be ensured that neither the adjacent public area nor neighboring private properties or the common access to these are captured by the cameras, unless an interest of the operator of the system outweighing the personal rights of those affected can be affirmed in the balance.
[*]An interference with the personal rights of third parties exists if they are actually affected by the surveillance. If this can be established and the required balancing shows that the operator’s interest does not outweigh the personal rights of those affected, the claim for injunction is justified.
[*]A claim for injunction may also exist if third parties must objectively seriously fear being monitored by surveillance cameras. However, a claim for injunction is to be denied if the neighbor only fears recordings and the cameras can only be directed onto their property with considerable and outwardly perceptible effort, i.e., not merely by operating a control system.
[*]The fear of being monitored by existing surveillance devices is justified if it appears comprehensible and understandable due to concrete circumstances, for example with regard to an escalating neighbor dispute. If such circumstances exist, the personal rights of the (allegedly) monitored person may already be impaired due to the suspicion situation. However, the mere hypothetical possibility of surveillance by video cameras and similar surveillance devices does not impair the general personal rights of those who could be affected.
Whether a construction contractor can refuse to fulfill a contract because cameras are installed at the construction site… is an interesting question!
That is really interesting – but in my opinion easily solvable. A polite request and place the camera far enough away so that not a single craftsman can be identified ;)
**Sharp or blurry
If the quality of the surveillance camera, for example at food distribution or on the construction site, is so “poor” or blurry that individual persons cannot be recognized, there is nothing against using a webcam. Otherwise, the consent of the employees or construction workers is required.
**Source: WEKA Akademie
Rhineland regards