Video surveillance in public spaces

Video surveillance

Video surveillance in public spaces – what you need to know

At the station, in shopping centres or by your neighbour’s front door – video surveillance is commonplace in public spaces. Whether it’s a curse or a blessing, one thing is certain: across the world, video surveillance is proven to be an effective way of preventing crime, vandalism, littering and other antisocial behaviour. We will outline the benefits of camera surveillance in public spaces for municipalities and address concerns and legislation.

Videokamera an Hauswand

Video surveillance in public spaces: a brief explanation of the most important terms

First of all, we should consider what video surveillance is and what we mean in general terms by ‘a public space’. 

What does video surveillance mean?

Video surveillance is the targeted surveillance of places, buildings or individuals using video cameras. The term covers both the recording of videos that can be watched at a later date and the live transmission of recorded images to a monitor. 

Equipment

Crucial components of video surveillance systems include cameras, monitors, recording and evaluation equipment, analysis software, and networking and connectivity hardware. Modern video surveillance systems are digital and operate on IP-based networks. Video surveillance systems should never be on the public Internet. They must always use a protected connection (VPN or similar) from the local to the central system.

Monitoring or security?

The basic purpose of video surveillance is simply to collect information. However, the word ‘surveillance’ often has negative connotations, making people think of terms such as monitoring and unwanted observation. Video surveillance systems are usually deployed for safety and security reasons. 

The customer area of a bank is an example of this. In principle, banks have an obligation to ensure the safety and security of their employees, customers and cash. Generally speaking, video surveillance systems and banks(opens in new tab) are intrinsically linked. The systems assist in the prevention and investigation of criminal offences as part of a credit institution’s security strategy. 

What is meant by public spaces?

Public spaces are usually publicly owned – i.e. owned by the public sector (the federal government, cantons, municipalities) – and publicly accessible. They are social and living spaces outside buildings and private properties. 

The underlying principle of public spaces is a space provided by the public authorities for the benefit of the general public. Public space is accessible to all because, geographically speaking, it is part of the social space of a community or town – it is therefore a ‘space for everyone’. 

Public spaces include public thoroughfares, such as footpaths and pedestrianised zones, public transport and publicly accessible outdoor spaces, such as parks, playgrounds, sports fields and similar. By definition, the ‘public nature’ of this space is not lost if there are conditions for entry, such as entry fees or a minimum age. 

Moreover, a distinction must be drawn between ‘public spaces’ and publicly accessible, ‘semi-public’ spaces. This refers to land and buildings that are private property but which perform a public task. It is not always possible to distinguish clearly between these two spaces. Customer areas of banks are an example of this. 

People on public space

Public spaces are accessible to everyone – they include, for example, pedestrianised areas, playgrounds and public transport. 

The advantages and opportunities provided by video surveillance in public spaces (Switzerland)

The issue of safety and security is a crucial factor in the quality of life of a town. This is because safe towns are great places to live – for local people as well as for business and tourists. The public space is a community space, a place of dialogue between different groups, and can enrich cultural life. Public spaces provide the opportunity to showcase the town. If the public spaces are or are perceived to be unsafe, the entire town will be seen in the same way. 

The benefits of camera surveillance in public spaces

Video surveillance has a crucial role to play in the security of public spaces. In Switzerland, video surveillance in public spaces offers the following benefits: 

  • It creates a greater sense of perceived security among the population. 
  • It strengthens the objective perception of security: criminal offences are recorded and can be used to trace offenders. 
  • It gives a better overview of public spaces and areas. 
  • It can be used to help identify offenders following a crime, such as vandalism or littering. 
  • The type and sequence of crimes can be understood. 
  • It may be possible to identify and track down offenders. 
  • Video surveillance helps to deter offenders. 
  • It offers low staffing costs and high surveillance coverage. 
Man and woman watching video surveillance footage

The primary purpose of video surveillance is safety and security and it can help to prevent crime. 

How municipalities benefit from video security solutions

Municipalities in Switzerland are frequently affected by disturbances, vandalism, littering and dangerous criminal damage. These not only threaten safety and security but also cause high costs and dissatisfaction among the local community. Video surveillance solutions can help to mitigate these issues. As a result, municipalities increasingly deploy smart security solutions with the aim of preventing crime and preserving evidence to be used in the investigation of crimes. 

For a video surveillance system to be used in this way, it must comply with data protection regulations. There is further information about this in the ‘Legislation and data protection relating to the surveillance of public spaces’ section. 

Best practice: The municipality of Urdorf in the canton of Zurich

The municipality of Urdorf decided to install a video security solution. It took this decision due to issues such as littering, vandalism and graffiti, as well as nuisance noise at a sports centre located in the centre of the town. 

The municipality partnered with Swisscom Broadcast to install a smart video surveillance solution.(opens in new tab) The decision was sparked by specific complaints from stakeholders, such as the clubs using the sports centre, and expensive repair work resulting from vandalism. The vandal-proof cameras were installed in a prominent position in the sports centre grounds and are designed to act as a deterrent. In serious cases, recordings can be used to track down the offenders. 

The installation of the video surveillance system was a success. Thomas Bollinger, Head of Property and Sports Operations for the municipality of Urdorf says: “We have noticed a clear decrease in vandalism, littering and disturbances in the area covered by the surveillance solution.” In cooperation with the police authorities, the municipality can also access the relevant surveillance data and take any necessary measures. 

The benefits of Swisscom Broadcast’s video surveillance solutions 

The success of the security solution in the municipality of Urdorf can be attributed to the video surveillance system from Swisscom Broadcast.(opens in new tab) It offers the following benefits: 
 
  • Simple data handling: Thanks to the data protection-compliant video surveillance solution with cloud-based data storage in Switzerland, the recorded data can be accessed by authorised individuals. 
  • If required, the information can be shared securely with the police using an encrypted, password-protected method with two-factor authentication without the need for physical data carriers. 
  • Software is installed within a matter of minutes, as no on-site work is required (an Internet connection is all that is needed). 
  • It does not affect the municipality’s IT network. 
  • If vandalism hotspots change, it is easy to integrate additional locations into the video surveillance system. 
  • Guaranteed security, even during a power failure: the advantage of cloud-based systems is that Swisscom immediately registers (alarm) if the cameras cannot be accessed. The service provider’s agents are on duty 24/7. 
  • Constant technological developments: thanks to integrated AI, the cameras can identify image content. This means that objects are classified and alarms triggered if the camera identifies a dangerous item, such as a weapon. 

Concerns relating to camera surveillance in public spaces

Video surveillance in public spaces is a hot topic. Fierce political and economic debate about the use of video surveillance solutions in public spaces is not uncommon. 

Those who oppose surveillance primarily do so on the basis of the privacy rights of citizens. They argue that public video surveillance constitutes an invasion of citizens’ privacy and their right to privacy and that it violates data protection. 

Furthermore, the following arguments are often made against video surveillance in public spaces: 

  • The camera records everyone – including those who have not committed a crime. 
  • Video systems are susceptible to hacker attacks and potential misuse. 
  • Costly: it is expensive to purchase, install and maintain camera and analysis systems, and pay surveillance staff. 
  • Video surveillance is only useful in investigation work; it is often an ineffective way of deterring crime because criminals adapt their activity to the surveillance systems and operate in areas that are not under surveillance or damage the cameras. 
  • Areas that are not under surveillance become the target of crime. 

Legislation and data protection relating to the surveillance of public spaces

In the following section, we address the legal provisions governing video surveillance in public spaces. If we consider video surveillance by the State and by private individuals, one thing is certain: data protection requirements are high due to the significant invasion of privacy experienced by data subjects as the result of video surveillance in public spaces. 

* Disclaimer: This journalistic article was researched in May 2023 to the best of our knowledge and belief. The Federal Data Protection and Information Commissioner publishes the latest legally binding information on video surveillance and amendments to the revised FADP (rights of the data subject/duties of the operator) here(opens in new tab)

Video surveillance by the State

Video surveillance is generally permitted in public spaces. However, the federal government, cantons and municipalities must meet stringent requirements in order to monitor citizens with cameras. After all, video surveillance is a significant invasion of the constitutional right to the protection of privacy. 

Cantonal legislation and the specific case determine whether video surveillance is permitted at the municipal level. 

The following conditions must apply: 

  • No mitigating measures are possible (structural, personal or social). 
  • The offences to be prevented are not of a minor nature, such as simple disturbances or illegal waste disposal. 
  • Video surveillance must be kept to an absolute minimum in terms of time and location. 
  • The video surveillance system must be suitable for the prevention and investigation of criminal offences. 
  • The precise use of cameras and the handling of recordings must be set down in regulations. 
  • Data subjects must be made aware of the surveillance activity through the use of signage, for instance. 
  • There must be regular checks to ensure compliance with data protection regulations. Have the conditions changed since the surveillance began? If so, do the legal provisions for the video surveillance no longer apply? 

Moreover, the Federal Act on Data Protection (FADP)(opens in new tab) applies in Switzerland. Each canton has its own Data Protection Officer(opens in new tab) with responsibility for the processing of data by federal authorities and private individuals. 

Video recordings must comply with data protection legislation in order to be admissible as evidence before a court of law or in police investigations. If this is not the case, video recordings of a potential offender will be unusable. 

Sign indicating area under video surveillance

If an area of public space is under surveillance, a sign must draw attention to this fact. 

Private video surveillance of public spaces in Switzerland

Private individuals are generally prohibited from operating video surveillance systems in public spaces. Again, video surveillance invades the data subjects’ right to privacy as they often have no choice whether or not to enter the area under surveillance. Moreover, it is the State – not the individual – who is tasked with ensuring the prevention of crime and the protection of citizens. There are very few exceptions to this rule; the individual case itself must always be considered. 

Please note: In this context, ‘private individual’ is understood to mean natural persons/individuals, such as landlords, shop owners, but also legal entities, such as private limited companies or cooperatives. 

As in the case of surveillance by the federal government, municipalities or cantons, certain conditions must be met if an individual wishes to operate a surveillance camera: 

  • Legality: The public or private interest justifies the invasion of the individual’s right to privacy. Examples: a department store deploys a video surveillance solution to prevent store thefts; a home owner uses cameras to take precautions against burglary and vandalism. 
  • Purpose: Private video surveillance systems may only be used to protect people and property. 
  • Proportionality: The desired and intended purpose can only be achieved through the use of the camera(s). There is no other, less drastic measure that would achieve the purpose to the same extent, such as the installation of an alarm system. 

If the requirements of legality, purpose and proportionality are fulfilled, a private individual must adhere to the following rules when operating a private camera: 

  • A sign indicating that the area is under video surveillance is mandatory. 
  • The sign must also provide information on where the person being recorded can obtain information about the data collected. 
  • The recorded data must be protected against unauthorised access. It must not be shared with third parties. 
  • The camera(s) must only record images that are absolutely necessary. 
  • A private individual may only use the camera to record their own land/property, not any adjacent properties. 
  • In accordance with the Swiss Federal Act on Data Protection(opens in new tab), video recordings and images must be deleted – data should be kept for as little time as possible and only for as long as is necessary. Depending on the area of application, this period is between 24 hours and 14 days, and even longer in the case of irregularities. 

Moreover, there are separate regulations for surveillance with drones. Our article What do the new drone regulations mean for Switzerland?(opens in new tab) covers all you need to know about the European regulations governing drones, which have also applied to Switzerland since the start of 2023. 

Video surveillance – safe with Swisscom

When it comes to video surveillance in public spaces by cantonal and municipal authorities or by individuals, one thing is certain: recordings of this nature generally contain personal data and must therefore be handled in accordance with data protection law. It must be obvious that video is being recorded and who is responsible for the surveillance. It is also important that those responsible comply with the regulations, such as how long data may be stored for and that it must not be shared with third parties. 

As a leading Swiss provider of smart video surveillance systems, data protection and data security are hugely important to Swisscom Broadcast. All data collected by video surveillance systems is stored in Switzerland. If data has to be shared with the criminal investigation authorities, this is done securely and in compliance with strict data protection requirements (encryption, password protection and with two-factor authentication). 

Find out more about Swisscom Broadcast’s Video Insider(opens in new tab) product or contact us directly: 

FAQ

Video surveillance is the targeted surveillance of places, buildings or individuals using video cameras. The term covers both the recording of videos that can be watched at a later date and the live transmission of recorded images to a monitor.

Equipment
Crucial components of video surveillance systems include cameras, monitors, recording and evaluation equipment, analysis software, and networking and connectivity hardware. Modern video surveillance systems are digital and operate on IP-based networks. Therefore, if a video surveillance system is connected to the Internet, the recorded data can be accessed remotely. 

Monitoring or security? 
The basic purpose of video surveillance is simply to collect information. However, the word ‘surveillance’ often has negative connotations, making people think of terms such as monitoring and unwanted observation. Video surveillance systems are usually deployed for safety and security reasons. 
The customer area of a bank is an example of this. In principle, banks have an obligation to ensure the safety and security of their employees, customers and cash. Generally speaking, video surveillance systems and banks are intrinsically linked. The systems assist in the prevention and investigation of criminal offences as part of a credit institution’s security strategy.

Public spaces are usually publicly owned – i.e. owned by the public sector (the federal government, cantons, municipalities) – and publicly accessible. They are social and living spaces outside buildings and private properties. 

The underlying principle of public spaces is a space provided by the public authorities for the benefit of the general public. Public space is accessible to all because, geographically speaking, it is part of the social space of a community or town – it is therefore a ‘space for everyone’. 

Public spaces include public thoroughfares, such as footpaths and pedestrianised zones, public transport and publicly accessible outdoor spaces, such as parks, playgrounds, sports fields and similar. By definition, the ‘public nature’ of this space is not lost if there are conditions for entry, such as entry fees or a minimum age. 

Moreover, a distinction must be drawn between ‘public spaces’ and publicly accessible, ‘semi-public’ spaces. This refers to land and buildings that are private property but which perform a public task. It is not always possible to distinguish clearly between these two spaces. Customer areas of banks are an example of this.

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