Is it necessary to place a privacy notice within the area covered by a trail camera?

ANSWER

Whether a data controller should place a privacy notice next to a trail camera depends on whether the controller has a statutory right to observe and record individuals without their knowledge or consent. If such a right exists, displaying the privacy notice will not be necessary. If not, the content of the privacy notice should be placed next to the trail camera.

An example of an entity with such a statutory right is a municipal guard service.

This position was also expressed by the Polish Data Protection Authority (UODO) on 2 March 2020 and can be found at the following link: https://uodo.gov.pl/pl/225/1447.