It is up to the Ararteko to guarantee the rights of citizens in terms of personal data protection and privacy. Thus, it has carried out a study to evaluate the use of some video surveillance systems in public places and the degree of compliance by Basque institutions with the system of guarantees established by the regulations. The main conclusion of the report was that administrations comply with the requirements in this area, but it has issued a number of recommendations on the regulation, internal management and transparency of video surveillance.
Ararteko has stressed that the competent administrations must "accurately" comply with the "proportionality principle" provided for in the video-surveillance regulations for citizen security and proposes that, before requesting the authorisation of video surveillance, it be assessed whether this measure will affect the right to privacy.
The Ombudsman has paid special attention to the use of mobile devices, such as cameras, drones or crutches in police uniforms. Recommends that applications for the use of these mobile cameras should indicate the “specific deadlines” to be used, adjusted to the appropriate risk. It also suggests that the Basque Government “publish authorizations for the use of both fixed and mobile video surveillance systems”, noting the importance of establishing “internal protocols” for the management of video surveillance recordings, as there is no regulation on minimum retention periods for recordings.
When cameras are installed on the street, it is necessary to notify the public by means of posters. According to the Ombudsman's study, this rule is usually complied with by the administrations, but citizens should also be informed when using mobile devices. According to the report, the Ertzaintza has 2,037 fixed cameras and in 2022 it used 134 mobile devices.
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