Me VYSYS 1010 Montageanleitung Seite 41

9 Legal Foundations
In Germany, a series of laws govern who may
use video monitoring as well as how and where
this may be done. An important point is: video
monitoring must be installed and operated in
compliance with the law.
VIDEO MONITORING
PRIVATE AREA
Owing to the simple operability, modern and
networked technology, video monitoring is
becoming increasingly popular in private
households and residences. Of course, the legal
foundations must be complied with during the
installation, although the individual case has to be
considered regularly here owing to the diversity of
the situations. The following prerequisites should
be checked here:
1. Legality:
Monitoring of one's own environment (grounds,
home) is usually permissible. If alien persons are
monitored within this purely private environment,
this is only allowed if the affected persons have
consented to this expressly or by conclusive
behaviour. A monitoring of an alien private
environment or public environment (roads, paths,
sites) is generally not permissible and only
reserved for official state bodies. Monitoring of
one's own, yet publicly accessible private
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environment can be permissible in individual
cases depending on the monitoring purpose.
2. Reasonableness:
In every case, it is necessary to check, before
implementing a video monitoring, whether this is
reasonable in consideration of the justified
interests of the owner who wishes to protect his
premises from unlawful encroachments from
outside, for instance, and the general personal
rights of the persons who enter or wish to enter
the monitored area. It is basically necessary to
question whether the impairments to be potentially
expected (e.g. criminal offences, attacks on
persons or the residential area) cannot be
countered otherwise (e.g. by an alarm system,
additional mechanical guards, security personnel).
VIDEO MONITORING OF
PUBLIC AREAS
Monitoring of publicly accessible areas is
basically only permissible if it is performed for the
task fulfilment by public state bodies within the
legal framework. In exceptional cases, however,
it can also be performed permissibly by a private
party for the realisation of domestic rights or for
the realisation of other justified interests for
concrete specified purposes.
In every case, a detailed consideration of interests
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