What if there are other people on the monitoring footage?
ANSWER
In that case, we have to balance the rights and interests of the person who is entitled to obtain a copy of their data and the other people visible in the recording who may be identified. The Polish DPA (UODO) takes the position that any footage should be made available provided that the images of the other people are anonymised. In a published statement on monitoring on private premises, UODO says: "Observed persons have the right to access their data in the recordings. At the same time, you cannot disclose data of other people - you should blur them, for example using software." However, UODO also indicates that blurring the faces of other people will not always be necessary: "The situations you recorded may be made available, for example, to the Police or an insurer in connection with an assault, burglary or property damage in order to conduct the appropriate proceedings. Private individuals who have a justified interest may also demand access to the recordings, for example when their car was damaged within the range of your camera. You must assess whether making the recording available is justified. In both cases, you may provide the entire recording without blurring the faces of the participants." In our view, the last sentence is quite a bold statement that, when making footage available to private individuals for the purpose of pursuing claims, there is no need to "worry" about the images of other people.
To sum up: if a data subject requests access to a recording concerning them, first verify the identity of the person making the request, and then it is best to anonymise the images of other people and only then provide the footage.
In exceptional cases, blurring the faces of other people may not be justified, for example when the footage shows a vandal damaging the applicant's car. If we are not sure whether faces of others should be blurred in a given situation, it is best to secure the recording and inform the applicant that it will be made available without delay upon request by authorised authorities or, for example, an insurer.
