Subscriber Discussion

German Privacy Laws?

UE
Undisclosed End User #1
May 12, 2016

I was recently told by a data center in Germany that I cant put cameras in my racks because of German privacy laws. This sounds like BS to me.

Is anyone here familiar with a German privacy law that says I can't put cameras in my racks in a data center?

JH
John Honovich
May 12, 2016
IPVM

Did he explain what about German privacy laws excludes this?

Germany has some very strict privacy laws, in general, so there could be a condition that covers this.

For example, check this article: Germany to ban most workplace surveillance.

The US mentality is, roughly speaking, "You're in a public place, you better expect to be monitored."

The EU mentality is, roughly speaking, "You better have a very good reason / plan to monitor people."

(1)
UE
Undisclosed End User #1
May 12, 2016

Specifically, they said the cameras couldn't view anything outside the rack. If the cameras viewed only what is in our racks, no issue... just can't view what is outside the racks.

If a person opens the rack door and sticks his hands in there, you can't see the face unless the FOV captures what is outside the rack.

Because the person doesn't stick their head inside the rack. Just the hands.

Basically, the FOV must include space outside the rack.

JH
John Honovich
May 12, 2016
IPVM

they said the cameras couldn't view anything outside the rack

the FOV must include space outside the rack.

I am confused. Can you clarify?

And what are they concerned about when it comes to people? Is this an employee / worker's right issue?

UI
Undisclosed Integrator #2
May 12, 2016

Reach out to a BOSCH guy. They are the second largest integrator in Germany so they should be able to get you the answers.

AS
Ashley Schofield
May 12, 2016

you need permission from anyone that the camera records...

that's why they don't use car dash cams either...

Rv
Rogier van der Heide
May 13, 2016

There's a difference between having a camera on a public place, and having one in an enclosed area.

Different rules apply depending which of the two it is. So comparing a camera in a dataroom (enclosed) to a dash cam (public) doesn't work.

U
Undisclosed #3
May 13, 2016
IPVMU Certified

Different rules apply depending which of the two it is. So comparing a camera in a dataroom (enclosed) to a dash cam (public) doesn't work.

No, I think Ashley has a point here, in Germany at least, dash cams seem to be treated a lot more like private cams than in the U.S.:

Only a few days ago an administrative court decided that dashcams infringe information privacy and that it's therefor illegal to publish the videos for example on Youtube or to hand them over to the police as evidence.

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