The extinction of the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI) as the body responsible for protecting personal data has generated the need for the Anti-Corruption and Good Government Secretariat to be responsible for enforcing laws regarding data protection and resolving complaints related to violations or denials of ARCO rights.
The use of security cameras, while useful for deterring crime and providing evidence in investigations, raises serious concerns about privacy and the protection of personal data. According to Josefina Román Vergara, INAI commissioner, the use of video surveillance cameras is legal, but it is essential to implement it with a balance between the desired security and the protection of individuals' personal data.
During the workshop "Personal Data Protection for Security: Video Surveillance and Access Control," it was emphasized that if technology is not implemented properly, without safeguards that protect citizens' fundamental rights, it can present significant challenges.
Luis Sánchez Hernández, director of Normativity and Consultation at INAI, detailed legal aspects concerning the use of video surveillance cameras, including that they are legal on private properties as long as they comply with applicable local or condominium regulations. The images captured by the cameras are considered personal data; therefore, they must be protected and processed according to data protection laws.
Additionally, it was highlighted that if the images are used exclusively for personal purposes, without being disclosed or used commercially, the data protection legislation does not apply. The importance of informing individuals about video surveillance and the processing of their personal data through a privacy notice was underscored, and that the images can only be used as evidence before the Public Ministry in case of crimes, and cannot be disseminated through unauthorized means.
One of the main challenges identified is the lack of a clear legal framework and the implementation of measures that ensure compliance with data protection regulations in the use of video surveillance cameras. Citizens have ARCO rights that allow them to access, rectify, cancel, or oppose the processing of their personal data collected through video surveillance.
