Article 114 PDPA

The Act of 8 March 1990 on local government (OJ L 994, 2018. p. 994) is amended as follows:

1) after Article 9, the following Article 9a is added:

„Art. 9a.

1. The municipality, in order to ensure public order and safety of citizens, as well as fire and flood protection, may use technical means for recording images (video surveillance) in an area of public space, with the consent of the manager of that area or the entity holding the legal title to that area, or on the property and in buildings that are property of the municipality or municipal organizational units, as well as in the area around such property and buildings, if this is necessary to ensure public order and safety of citizens or fire and flood protection.

2. Monitoring does not include sanitary rooms, locker rooms, cafeterias, smoking rooms and social facilities.

3. Image recordings containing personal data shall be processed only for the purposes for which they were collected, and shall be stored for a period not exceeding 3 months from the date of recording, unless otherwise provided by separate regulations.

4. After the expiration of the period referred to in paragraph 3, image recordings obtained as a result of monitoring, containing personal data, shall be destroyed, except when the recordings have been secured, in accordance with separate regulations.

5. Properties and construction facilities under monitoring shall be visibly and legibly marked with information about monitoring, in particular by means of appropriate signs.

6. Monitoring, which involves the processing of personal data, requires the use of security measures for the processing of such data, in particular to prevent their loss or unlawful dissemination, as well as to prevent access to the data by unauthorized persons."

2) In Article 50, the existing text shall be marked as paragraph 1 and the following paragraph 2 shall be added:

2. Property protection shall include, in particular, monitoring on and around properties and buildings constituting municipal property.The provisions of Article 9a (2) shall apply accordingly.