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.

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