CCTV in public transport: drivers may not be permanently in view

The Dutch Data Protection Authority (Autoriteit Persoonsgegevens - AP) has clarified rules regarding the use of surveillance cameras in public transport, specifically in buses. This ruling emphasizes that permanent video surveillance of employees' fixed workstations, including bus driver cabins, is not permitted. The AP's stance underscores a critical balance between operational security needs and employee privacy rights within the digital surveillance landscape. According to the AP, cameras should only be deployed when strictly necessary, such as for incident management and security, and not for the continuous monitoring or evaluation of staff. This principle applies even if footage is reviewed retrospectively, highlighting the pervasive nature of data collection and its implications for individuals. The clarification follows an investigation into a complaint and discussions with public transport company Arriva, setting a precedent for digital monitoring practices in the sector. This decision directly impacts public transport operators and their employees across the Netherlands, reinforcing existing data protection frameworks like GDPR. It signals a broader trend towards stricter scrutiny of digital surveillance technologies in the workplace, encouraging companies to adopt privacy-by-design principles. The ruling necessitates a re-evaluation of how technology is used to ensure safety without compromising fundamental privacy rights, fostering a more ethical approach to digital operations.