The Commissioner for Personal Data Protection in Cyprus (the "Commissioner") has issued guidelines as to the potential installation of CCTV Systems in kindergarten, having taken into account numerous enquiries that her office had received. The guidance was provided in late April 2024 and is summarised below.
The Commissioner has recognised the requirement and need for administrators and owners of kindergartens operating in Cyprus to ensure adequate protection of their property and premises, whilst at the same time pointing out the fact that they are also under a positive obligation to ensure the protection of the children's privacy, as well as the employees working in the premises. To this effect, the Commissioner stated that installation and operation of CCTV is allowed to cover the following areas:
- Entrance and Exit of the Kindergarten
- Parking Area
On the contrary, CCTV is not allowed to operate and/or cover any of the following areas:
- Internal areas of the Kindergarten
- Classrooms
- Common Areas (e.g. corridors, kitchen)
- Toilet/Bathroom areas and any Changing Room areas
- Outside yard area / playground area
It was further noted that, depending on each individual case and circumstances, CCTV installation and operation might be allowed for such hours as the kindergarden is not in operation, provided always that such operation does not affect the privacy of any individual.
Furthermore, it was stated that the operation of the CCTV is not allowed for the purposes of monitoring the personal behaviour, personal contact and/or work efficiency of any individuals. Even if the consent of the employees has been obtained relating to the installation of CCTV in
Classrooms or the playground area, such consent can not be taken into account, given that such consent shall be considered as being given without the employee's free will in light of the imbalance of power within the employer-employee relationship.
Lastly, it was noted that the recording of any sound via the CCTV system is not allowed under any circumstances, as it would be considered as interfering to an unnecessary level with the privacy of the individuals.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.