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The use of a video protection system, as soon as it films the public highway in the vicinity of a site, is subject to various technical and administrative constraints. Here's a closer look at the main regulatory requirements.
Issuance of a video protection authorization
The installation of video protection cameras is subject to authorization by the departmental prefect (police prefect in Paris), after consulting the departmental video protection commission. This authorization must be renewed every 5 years.
Applications for authorization and renewal must be made using Cerfa form no. 13806, accompanied by an administrative and technical file (presentation report, plans, description of the system, etc.).
The Prefect must be informed in advance of the date on which the video protection cameras are to be put into service.
Informing the public about the introduction of video protection
At the same time, the public must also be informed of the installation of video protection systems, by means of posters or signs bearing a pictogram representing a camera.
Note: when the size of the premises or establishments concerned and the number of people involved make it difficult to identify the person in charge, to whom any interested party may contact to assert his or her right of access to the image, theposting must indicate the name or position and telephone number of the person in charge.
Recorded images must be destroyed within the period specified in the authorization (maximum one month), except in the case of a flagrante delicto investigation, a preliminary inquiry or a judicial investigation. The authorization may also set a minimum retention period for the images.
Image destruction
The CNIL (Commission Nationale de l'Informatique et des Libertés - French Data Protection Authority) recommends choosing a retention period that is proportional to the intended purpose, and not exceeding 15 days, except in the case of criminal proceedings.
Keeping a register
The person in charge of the video surveillance system must keep a record of the recordings made and the date of destruction of the images.
Compliance with technical standards for video surveillance
Video protection systems must meet certain criteria, set out in a decree issued on August 3, 2007. In particular, this decree specifies the requirements for setting up, connecting, storing and exporting images.
Note: the use of a COFRAC-certified installer is not compulsory, but it does lighten the content of the prefectoral authorization application file. If the installer is not accredited, the application must include a questionnaire specifying the technical characteristics of the device and its compliance with the technical standards defined in the Order of August 3, 2007.