43
Possible infringements
Duty to inform
If personal identification of persons cannot be ruled out, a notice
on the surveillance camera must be placed in a clearly visible
position at all access routes to the recording area. The passer-by
must also be informed that by entering the recording area he/she
gives his/her consent to the recording of the images and that, if
his/her consent is denied, he/she can avoid the recording by not
entering the area. In this context, attention must be paid to the
declaration of conformity – voluntary nature of the declaration. If
the photo trap is located in a place that the person concerned must
pass in order to reach his or her destination (e.g. entrance from a
tourist attraction), no effective consent is given due to the lack of
voluntariness.