Chapter VII Video surveillance
Section 36 Definition
The term “video surveillance” shall mean the continuous or regularly repeated
surveillance of persons by means of a remote-controlled or automatically operated video
camera, camera or similar device.
Section 37 Scope
The provisions of sections 38-41 shall apply to all video surveillance. The same
applies to sections 8, 9, 11, 31 and 32. However, video surveillance of which the
purpose is to uncover such data as are mentioned in section 2, no. 8, litra b, is permitted
even if the conditions set out in section 9, first paragraph, are not fulfilled.
When image recordings from video surveillance are stored in a way that makes it
possible to retrieve data relating to a specific person, cf. section 3, first paragraph, the
other provisions of this Act shall also apply. However, the obligation to obtain a licence
pursuant to section 33 shall not apply to video surveillance of which the purpose is to
uncover data such as are mentioned in section 2, no. 8, litra b.
Section 38 Basic requirements for surveillance
Video surveillance of a place which is regularly frequented by a limited group of
people is only permitted if there is a special need for such surveillance in the interests of
the said activities.
Section 39 Disclosure of image recordings made in connection with video surveillance
Personal data which are collected by means of image recordings made in
connection with video surveillance may only be disclosed to a person other than the
controller if the subject of the recording consents thereto or if there is statutory
provision for such disclosure. However, unless the statutory obligation of professional
secrecy prevents disclosure, image recordings may be disclosed to the police in
connection with the investigation of criminal acts or accidents.
Section 40 Notification that surveillance is being carried out
When a public place or a place which is regularly frequented by a limited group
of people is subject to video surveillance, attention shall be drawn clearly by means of a
sign or in some other way to the fact that the place is under surveillance and to the
identity of the controller.
Section 41 Regulations
The King may prescribe regulations containing further provisions regarding video
surveillance and image recordings in connection with such surveillance, and regarding
the protection, use and erasure of image recordings made in connection with video
surveillance and on the right of the surveillance subject to have access to the portions of
the image recordings in which he or she appears. Regulations may also be prescribed to
the effect that image recordings may be disclosed in circumstances other than those
mentioned in section 39.