The use of fixed video cameras by the security forces and bodies for citizen security purposes must be previously authorized by the government delegate.
AUTHORIZATION FOR THE INSTALLATION AND USE OF FIXED VIDEO CAMERAS FOR CITIZEN SECURITY PURPOSES
Applications may be for initial authorisations or for renewal of authorisations.
1. INITIAL AUTHORISATIONS:
Necessary documentation:
- Identification of the applicant. (The request must be signed by the Mayor or Councillor competent in matters of citizen security with respect to the local police of the municipality).
- Reasons that justify it. (It is not enough to invoke in a generic way those contained in article 1.1 of Organic Law 4/1997, but it is necessary to prove the necessity and suitability of the installation and use of these cameras by providing as many police reports or other signs (attestations, complaints, press articles, municipal sides, quantification of damages in patrimonial assets of the Consistory, etc.…) they deem appropriate so that the Committee on Guarantees is formed the conviction that the installation of video surveillance in the municipality is necessary and proportionate to the problems of citizen security that it suffers, being suitable for such purposes and respecting the principle of intervention or minimum affection to the rights of citizens).
- Number and type of cameras. (With its technical conditions).
- Generic definition of the physical environment capable of being recorded. (Drawings or photographs must be provided showing the exact location of the cameras requested, as well as the motivations that justify, where appropriate, the monitoring of this area. The documentation provided must prove that no images of the interior of the homes or other spaces of privacy will be shown or captured, unless authorized by the court or the owner).
- Need or not to record sounds. (In such cases, the occurrence of a specific and precise risk that justifies the recording must be reported.)
- Time slot and period of time in which the recordings are intended to be made.
- Qualification of the people in charge of the exploitation of the system of treatment of images and sounds (members of the Municipal Police, National or Civil Guard).
- Authority responsible for supervising the proper use of the cameras.
- Duration of the storage of the recordings.
- Place of storage of the recordings.
- System to inform the public clearly and permanently of the existence of video cameras and the responsible authority: posters consisting of information plates placed in the vicinity of the area under video surveillance, as established in articles 21 and 22 of the Regulation approved by Royal Decree 596/1999, of 16 April, and with the characteristics established in the Single Annex of said Regulation.
- Guarantees of the fundamental rights of the people eventually affected by the recording: (In the event that the viewing angle of the cameras allows the capture of the interior of nearby buildings, the technical formula intended to avoid this type of intrusion will be offered through its programming to reduce the zoom to convenience and mark areas or privacy masks, so that the marked areas are not recorded or can be viewed.)
- Additional guarantee: (The project included in this request must state that it complies with the regulations established in Instruction 1/2007, of May 16, of the Data Protection Agency of the Community of Madrid, on the processing of personal data through camera and video camera systems in the field of bodies and Public Administrations of the Community of Madrid).
To dictate the resolution of the authorization, the mandatory report of the Committee on Video Surveillance Guarantees will be required.
2. RENEWALS OF AUTHORIZATIONS:
Renewal of the initial authorization may only be requested while it is in force. The application, for its part, will have to be submitted with the following minimum deadlines before the expiration of the initial authorization:
- Requests for renewal of those authorizations that have been granted for a maximum period of one year, must be made two months before their expiration.
- The rest must be requested at least one month before the expiration date of its validity, and in case of the initial authorization for a period of less than one month, at least half of the authorized time.
The motivation for such renewal requests shall be limited to the reasons recommending renewal.
IT IS RECALLED THAT THE REQUEST FOR AUTHORIZATION OF TEMPORARY VIDEO SURVEILLANCE CAMERAS FOR THE PATRON SAINT'S HOLIDAYS IS NOT OF A RENEWAL NATURE AND MUST BE PROCESSED EACH YEAR AS AN INITIAL AUTHORIZATION REQUEST.
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