SNTFC CFR Călători SA, headquartered in: Bucharest, Bdul. Dinicu Golescu, no. 38, Sector 1, phone no.: 021/311.27.41, fax: 021/315.30.04, fiscal registration code RO 11054545, trade register number: J40/9764/1998, E-mail: email@example.com, firstname.lastname@example.org, Website: www.cfrcalatori.ro.
CHAPTER I. The purpose of the Surveillance Policy by audio-video means
This policy states:
- a unitary set of rules governing the implementation and use of audio-video surveillance systems, with a view to ensuring the security of persons and property, guarding and protecting property, valuables and special regime materials that are used in the activity, in compliance with at the same time the obligations of the company, as a data controller, under data protection legislation and security measures adopted for the protection of personal data, the protection of privacy, the legitimate interests and the guarantee of the fundamental rights of data subjects;
- the responsibilities regarding the administration and operation of the surveillance system by audio-video means, as well as those regarding the elaboration, endorsement, approval of the documents related to these activities.
The policy regarding the surveillance by audio-video means, describes the audio-video systems of SNTFC CFR Călători SA (implicitly of its Branches), and the protection measures taken to protect personal data, privacy and other fundamental rights and legitimate interests of persons filmed by surveillance cameras.
CHAPTER II. Scope
This Policy applies in the context of surveillance by audio-video means. Also, the Policy on surveillance by audio-video means is carried out, according to the competencies, by:
- the staff designated with the administration of the system;
- management of the Unit;
- internal staff that guards the perimeters;
- internal staff that ensures the maintenance of surveillance systems.
Surveillance by audio-video means is used only in the situation when the conventional means applied are considered insufficient in achieving the mentioned objectives, according to the risk analysis performed at the level of the Branches within the Company.
Also, in order to ensure the legality of the processed data (framing the processing on a legal basis), but also to demonstrate that the legitimate interest of the Company prevails over the interests or fundamental rights and freedoms of the subject, it is mandatory to prepare the legitimate interest analysis and balance test (comparative). In this respect, the fundamental rights and freedoms of subjects, on one hand, and the legitimate interests of the operator, on the other hand, must be carefully assessed and balanced.
SNTFC CFR Călători SA, processes the registered images, respecting the legal provisions in the field.
1. Normative references
- Law no. 333 of July 8, 2003, on the protection of objectives, assets, values and protection of persons, as subsequently amended and supplemented;
- Decision no. 301 of April 11, 2012, for the approval of the Methodological Norms of Law no. 333/2003, regarding the protection of objectives, assets, values and protection of persons;
- Instructions from the European Data Protection Supervisor on video surveillance, published on 17 March 2010 in Brussels;
- Guide to the European Data Protection Board no. 3/2019, regarding the processing of personal data through video devices;
- Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free circulation of such data.
The use of audio-video systems is necessary for the proper administration and operation of the Company, in particular for the control of security and guarding.
In accordance with the principle of transparency, pursuant to art. 12 of Regulation (EU) 2016/679, CFR Călători provides the subject with information on the personal data processed.
CHAPTER III. Surveillance areas
Surveillance systems by audio-video means can be located in the following types of locations:
- Railway stations;
- Working points;
- Travel agencies;
- Unit premises;
- Passenger cars.
The location of the video cameras has been carefully revised, in order to ensure the limitation as much as possible of the monitoring of the areas that are not of interest for the intended purpose.
The recording device is located in a secure space with restricted access. Areas where there is a high level of privacy expectations, such as offices, toilets and other similar locations, are not monitored.
CHAPTER IV. Personal data collected through audio-video surveillance
1.The purpose of surveillance by audio-video means
SNTFC CFR Călători SA, through its Branches, uses audio-video surveillance systems, for the following purposes:
- monitoring the access inside the unit (where applicable);
- ensuring the security of goods and the safety of persons – employees of the Company, customers, service providers from other companies;
- prevention, detection and investigation of theft of equipment or goods;
- prevention of crimes and misdemeanors;
- prevention, detection and investigation of risks and threats to the employed personnel, who carry out their activity at the supervised location;
- effective investigation of complaints.
2. Limiting the purpose
The audio-video surveillance system is not used for any purpose other than the notified one, it is not used to monitor the activity/performance of the employees or to draw up their timekeeping. However, the audio-video surveillance system may be a means of investigating or obtaining information for internal investigations or disciplinary proceedings, including in the event of a physical security incident or criminal behavior (in exceptional circumstances, the images can be transferred to the investigative bodies, within a disciplinary or criminal investigation).
3.Special categories of personal data
The audio-video systems of SNTFC CFR Călători SA do not aim at capturing (for example, by focusing or selective orientation) or processing images (for example, indexing, creating profiles), which reveal “special categories of personal data”.
SNTFC CFR Călători SA, does not intend to use the ad hoc, respectively temporary, circumstance surveillance systems.
4.Description of surveillance systems
Conventionally, the audio-video surveillance system is a static system. It has the function of recording images and is equipped with motion sensors. The system can record any movement detected by the cameras installed in the monitored area, along with the date, time and location.
When necessary, the quality of the images allows the recognition of people passing through the area of action of the cameras. For greater security of data processing that can be obtained from audio-video surveillance, the cameras are fixed, so the user cannot change the scope/purpose of surveillance.
5.The benefits of surveillance systems
- Increasing control in the supervised perimeter;
- Protecting objectives, assets and values, against any illicit actions, which infringe the property;
- Protecting persons (both employees and customers) against any hostile acts that may endanger their lives, physical integrity or health;
- Elimination of losses caused by unforeseen events;
- Bringing an added value in the activity of serving the public;
- Compliance with acts, regulations and legislation in force for risky objectives.
CHAPTER V. Installation, administration, operation of the system
In order to ensure effective protection of the fundamental rights and freedoms of individuals, the equipment shall be installed in such a way that only those spaces identified in the risk analysis as in need of additional protection are supervised.
Images captured by the audio-video surveillance system can be viewed in real time only on the computer monitor at the control point, and the monitors cannot be seen from the outside.
Unauthorized access to the audio-video system and stored images is prohibited.
Access is strictly limited to authorized employees (system administrators and branch management, as well as representatives of the company that ensures the maintenance of the system (if applicable), accompanied by one of the system administrators).
In exceptional cases, the images may be accessed or made available to the competent state institutions, only on the basis of authorization from the management of the unit, after obtaining the approval of the Personal Data Protection Officer.
CHAPTER VI. Privacy protection and information security
In order to protect the security of the audio-video system and to increase the degree of protection of privacy, the following technical and organizational measures are established:
- Limiting the storage time of the filmed material to a maximum duration of 30 days;
- Placing the recording device in a secure space, with restricted access;
- All users with right of access, sign confidentiality declarations, prior to granting the right of access, by which they undertake to comply with the legal provisions in the field;
- The right of access is granted to users based on the need to know, only for those resources that are strictly necessary for the performance of duties;
- Only the management of the Company has the right to grant, modify or cancel the right of access of users to the databases. In this regard, there is a constantly updated list of all persons who have the right to access the audio-video surveillance system.
CHAPTER VII. Access to personal data and their disclosure
Access to stored images and/or to the technical architecture of the audio-video surveillance system is limited to a small number of people, and is determined by their duties. Only the Company’s management sets the limits of the rights of access to the personal data collected.
2. Measures to maintain confidentiality
The persons designated to have access to the audio-video surveillance system, sign a declaration of confidentiality, prior to receiving the right to access the system.
3.Disclosure of personal data
Any activity of disclosing personal data to third parties will be documented and subjected to a rigorous analysis, on one hand, the need for communication and, on the other hand, the compatibility between the purpose for which the communication is made and the purpose for which data were initially collected for processing (security and access control), but only after it has been endorsed by the Personal Data Protection Officer.
Any disclosure of personal data will be made only on the basis of authorization from the management of the unit, after obtaining the approval of the Personal Data Protection Officer, and will be recorded in a Register of Records, which will contain: details about the person to whom that information was provided (name, surname, date, institution he represents – if applicable, etc.); the reason for the request, as well as how the request was solved.
SNTFC CFR Călători SA, has the obligation to make available to the judicial bodies, at their request, video recordings in which the commission of criminal acts is caught, but only after obtaining the approval from the Person in charge of Personal Data Protection.
The audio-video surveillance system is not used to verify attendance at the program or to evaluate performance at work.
In exceptional cases, but subject to the guarantees described above, access may be granted to the Disciplinary Commission in a disciplinary inquiry, provided that the information helps to investigate a criminal offense or infringement which is likely to prejudice a person’s rights and freedoms.
Any security breach of the audio-video surveillance system is recorded in the System Event Log.
CHAPTER VIII. Conditions of legitimacy
- Storage time
The storage time of the data obtained through the audio-video surveillance system is proportional to the purpose for which the data are processed, so that the images are stored for a period not exceeding 30 days, after which they are deleted by automatic procedure, in order in which they were registered.
In the event of a security incident, the retention time of the relevant footage may exceed normal limits, depending on the time required to further investigate the security incident. Retention is rigorously documented and the need for retention is reviewed periodically.
CHAPTER IX. The rights of the concerned person
SNTFC CFR Călători SA, guarantees that it ensures the observance of the rights of the persons concerned, according to the legislation in force. All persons involved in the audio-video surveillance activity and those responsible for the management of filmed images, will respect the confidentiality of personal data.
1.Informing the persons concerned
The primary information of the concerned persons shall be made clear and permanent, by means of an appropriate sign, with sufficient visibility and located in the supervised area, so as to signal the existence of surveillance cameras, but also to communicate essential information on data processing of personal data.
The concerned persons are warned about the existence of the audio-video surveillance system and its owner, through appropriate information notes, which identify SNTFC CFR Călători SA (through its Branches), as the operator of the data collected through audio-video surveillance and must contains the following information: the “Video Surveillance Area” icon, the purpose of processing, the legal basis of the processing, the recipients of the data collected, the storage period, the data transfer, the rights of the concerned persons and how they can be exercised.
2.Exercising the rights of access, intervention and opposition
Throughout the period of storage of personal data, the concerned persons have the right to access the personal data concerning them, held by SNTFC CFR Călători SA, have the right to request the intervention (deletion/update/rectification/anonymization) or to oppose processing, according to the law. Any request to access, rectify, block and/or delete personal data as a result of the use of video cameras must be addressed to the Personal Data Protection Officer.
If the person concerned has other questions regarding the processing by SNTFC CFR Călători SA of the personal data concerning him, he can address the Person in charge of Personal Data Protection.
The response to the request for access, intervention or opposition shall be sent within 15 calendar days. If this deadline cannot be met, the person concerned will be informed of the reason for postponing the reply.
If there is an express request from the concerned person, the right to view the recorded images concerning him/her may be granted, if this is possible without accessing the images of another person.
The images provided will be clear, as far as possible, provided that they do not prejudice the rights of third parties (the concerned person will only be able to view his own image, the images of other persons that may appear in the recording will be edited so that recognition/identification is not possible). In the case of such a request, the person concerned is obliged to identify himself beyond any suspicion (to present the identity document when participating in the viewing), to mention the date, time, location and circumstances in which he was registered by the surveillance cameras.
The person concerned will also present a recent photograph, so that designated users can more easily identify it in the filmed images. The concerned person will only be able to view his/her own image, the images of the persons that may appear in the recording will be edited (if possible), so that it will not be possible to recognize/identify them.
There is the possibility of denying the right of access, in case the exceptions provided by law apply. The need to restrict access may also be required if there is an obligation to protect the rights and freedoms of third parties, for example, if other persons appear in the images and there is no possibility of obtaining their consent or cannot be extract, by editing images, irrelevant personal data.
All these rights can be exercised by the concerned person, through a written request, signed and dated, sent to the headquarters of SNTFC CFR Călători SA or the Branch, with the mention: “Responsible for the protection of personal data” or to the following e-mail address: email@example.com.