Body cams & data protection: When is the use of body cams permitted and considered admissible evidence?

Disclaimer: This article is for general information purposes only and does not constitute legal advice. For specific application scenarios, please consult a specialist lawyer or data protection officer. The use of body cameras is becoming increasingly important for police, security companies, public transport employees and public order offices in the United Kingdom. But many organisations are unsure: Are body cameras even allowed? What does the GDPR require? And are the recordings admissible as evidence in court? This article answers the most frequently asked questions about what needs to be considered with regard to data protection when using body cameras. You will learn when body cameras may be used in compliance with data protection regulations, what role pre-recording plays, and how modern systems such as the NetCo body camera combine legal certainty with ease of use.

Three criteria are decisive: purpose limitation, proportionality and transparency. The use of body cams must therefore always be event-related and purpose-specific. This means that the camera is only activated when there is a specific threat. This is the case, for example, in the event of attacks on employees or for the documentation of criminal offences. Continuous surveillance without cause is not permitted.

The legal basis can be found in Art. 6 GDPR. For police and law enforcement agencies, the police laws of the federal states also apply. Private security companies must carefully examine their legal basis. In most cases, this is the legitimate interest pursuant to Art. 6 (1) lit. f GDPR, combined with the protection of employees from assaults pursuant to § 26 BDSG.

It is important to always weigh up the interests of the operator against the rights of the person being filmed in accordance with the GDPR. Only if the protection of the emergency services outweighs the personal rights of the person being filmed is the use permissible under data protection law.

Request practical guide Body-Cam data protection – practical guide

Practical tip: Before putting the body cam into operation, draw up a written usage concept that defines its purpose, areas of application and storage periods. The NetCo body cam supports you in this with technical specifications that implement privacy by design right from the start. Request practical guide

Private living spaces without consent: If emergency services enter a private home, the camera must be switched off. Unless the person consents to the recording (voluntarily, informed and revocable) or the police officers are in certain federal states (some police laws have special regulations in the event of present danger: § 14 (6) HSOG, § 31 (2) POG RLP, § 33a (5) PAG TH). * Permanent surveillance without cause: A body camera may not record permanently. The use of body cameras by private security companies or the police must be event-related. They may only be activated when there is a specific need.

The following also applies to the protection of employees from assault: the camera is not an instrument for monitoring performance or behaviour. According to Section 26 BDSG, it is not permissible to draw conclusions about the behaviour and performance of employees through automated evaluation. If there is a works agreement, it must specify exactly when and how the body camera is to be used.

Another critical point: audio recordings are subject to stricter regulations than video recordings alone. The collection of images and sound without consent is only lawful within narrow limits, as spoken content intrudes more deeply into privacy. The NetCo body cam allows audio recordings to be deactivated separately for maximum flexibility depending on the scenario. ## Can the police use body cams?

Yes. The federal police and many of the state police forces use body cams on the basis of their respective police laws. Unlike private security companies, the police and law enforcement agencies are not subject to the general GDPR, but to the BDSG (Federal Data Protection Act) and specific legal bases for sovereign tasks. In most federal states, the use of body cams by the police is now enshrined in law. The aim is to protect emergency services from assaults and to secure evidence for civil claims or criminal proceedings. The cameras document situations objectively. Some models, such as the NetCo body cam, also de-escalate conflicts with their large front display. This has been proven to help people reflect on their own behaviour and thus refrain from further escalation in up to 75% of cases.

However, clear rules also apply to the police: the recording must be proportionate and the person concerned must be informed about the video surveillance. A visible LED signal on the camera, acoustic feedback and verbal data protection information are among the requirements. The storage period is limited: recordings that are not required as evidence must be deleted after 72 hours at the latest.

What applies to public order offices? In some federal states, the use of body cameras by municipal public order offices is also regulated by the respective police law. The legal basis varies depending on state legislation. It is therefore advisable to check each individual case. Local authorities should consult with the relevant data protection supervisory authority before putting the cameras into operation and draw up a legally compliant deployment concept. Practical example: A police officer is threatened during a check. The visible body camera immediately shows its presence. The moment the situation escalates, the display is switched on. The person sees themselves and can reflect on their behaviour. The situation often calms down at this point. Only if the person remains aggressive is a verbal warning given that the camera may be activated, and the officer starts recording. An acoustic signal sounds and the red LED signal makes the recording clearly visible. In this way, the body camera creates transparency.

The use of body cameras by private security companies is only permitted if: 1. There is a legitimate interest: For example, protecting employees from violence or securing evidence in the event of assaults. 2. The measure is proportionate: Less intrusive means (e.g. stationary cameras) must not be sufficient. 3. The person concerned is informed in a transparent manner: Through signage, verbal notices or the distribution of an information sheet. Private security companies must clearly identify those responsible for data protection. They must therefore determine who is responsible for data processing. A data protection officer must check whether the use of body cameras is compatible with the transparency guidelines set out in the regulation.

Security service wears NetCo Body-Cam Pro.

Take advantage of subsidies: The VBG subsidy for security services covers up to 40% of the investment costs. ## To what extent does property rights change the framework conditions for the use of body cams?

In certain areas, property rights may facilitate the use of body cameras under certain circumstances. This applies, for example, to public transport companies, plant security on company premises or security services in hospitals. Those who hold property rights can, in principle, determine the conditions under which persons may enter the premises and can transparently communicate video surveillance as a condition of access. This can support the justification of a legitimate interest.

Important: Property rights do not exempt you from the obligation to process data in accordance with the GDPR. Here, too, purpose limitation, proportionality and transparency must be maintained. Personal data may only be collected to the extent necessary. A legal review of each individual case by a data protection officer or lawyer is strongly recommended before commissioning. The specific design depends on the specific conditions of use and the respective legal basis. The NetCo body cam meets all transparency requirements in accordance with Articles 13 and 14 of the GDPR: each recording is time-stamped and assigned a device ID. The use of body cams is fully traceable for internal audits and external inspections by the data protection supervisory authority.

With the NetCo Suite, all recordings can be managed in accordance with the GDPR, for example, automated deletion after the storage period has expired. ## Are body cam recordings admissible as evidence?

Yes, body cam recordings are admissible as evidence in criminal proceedings and civil claims. The decisive factor is that the recording was made lawfully and its integrity can be verified. Specifically, this means: * Lawful collection: The recording must be based on a permissible legal basis (e.g. Art. 6 GDPR or police laws).

Unaltered data: There must be no doubt that the recording has been manipulated. Technical and organisational measures to protect the data are mandatory. * Documented chain of evidence: Every action – recording, transmission, storage, access – must be logged without exception. The NetCo body cam secures evidence to the highest standards: End-to-end encryption (AES-256), automated logging and server location in Germany guarantee that your recordings will stand up in court. There is no unauthorised access and no data gaps. Court practice: In proceedings, body cam recordings have helped to clarify the facts of the case. For example, emergency services personnel have been protected from false accusations. The prerequisite is that data processing is transparent and carried out in accordance with Art. 6. Important: Even if recordings can serve as evidence, they may not be stored indefinitely. The responsible party must ensure that unnecessary data is automatically deleted in an audit-proof manner after the storage period has expired.

What is pre-recording on body-cams and is it permitted? Pre-recording (or “pre”) means that the body-cam records to a temporary buffer memory even before it is actually activated. Only when the emergency services personnel press the record button are the last 30 seconds (or up to 90 seconds, depending on the setting) permanently stored.

Why is this important? Conflict situations often escalate within seconds. By the time the officer activates the camera, the decisive moment has already passed. The pre-recording function ensures that the cause of the escalation is documented and not just the reaction to it.

Is pre-recording permitted? Pre-recording may be permissible if the data is only buffered for a short time and is automatically deleted without deliberate activation. This should be checked with the data protection officer. It is therefore not continuous monitoring, but technical preparation for an emergency.

The NetCo Body-Cam Pro has a pre-recording function that complies with the GDPR: the data is stored in volatile memory (depending on the settings in the body-cam software NetCo Suite) and only permanently saved when deliberately activated. No secret recording, no storage without legal basis.

Practical example: A security guard on public transport is suddenly attacked by a passenger. He activates the body cam and, thanks to pre-recording, the crucial seconds before the escalation are documented. The video shows that the employee did not provoke the attack, but acted purely defensively. This can provide clarity and be used to counter smartphone recordings taken out of context by onlookers.

Specifically, this means: * No evidentiary function: Recordings without legal relevance must be automatically and audit-proof deleted after 72 hours at the latest. * Evidence preservation in progress: If the recording is needed as evidence (e.g. in ongoing investigations), the storage period is extended accordingly.

Civil law claims: Recordings may also be stored for longer for civil law claims (e.g. claims for damages), but only for the duration of the limitation period.

The NetCo Suite automates deletion: you set the storage period individually according to the legal basis that applies to you or, if necessary, according to stricter internal guidelines. After the period has expired, the data is automatically and irrevocably deleted. Each deletion is logged for your compliance records with the data protection supervisory authority.

Important: Storage “just in case” is not permitted under the GDPR. Anyone who stores recordings without a specific purpose risks fines. The technical solution: rely on systems that guarantee data protection by design.

In practice, this means: 1. Visible LED signal: The camera must indicate that it is active by means of a red or yellow light. 2. Acoustic signal: The body cam must emit a sound to indicate that recording has started. 3. Verbal notification: The officer should inform the person. 4. On-site data protection notices: For longer operations or in defined areas (e.g. railway stations), additional signs may be put up. The NetCo body cam meets all transparency requirements: a clearly visible LED light signals that recording is in progress.

The officer must consciously activate the camera. Automatic recording without cause is not permitted. The NetCo body cam therefore uses “double-tap” activation: the button must be pressed twice to prevent accidental recording. For employees, transparency creates legal certainty. Wearing the camera openly and communicating its function avoids complaints and strengthens confidence in one’s own work.

Public interest: Police or law enforcement agencies may publish recordings for the purpose of searching for criminals, but only with a court order. * Anonymised training purposes: If all personal data has been made unrecognisable (faces, voices, licence plates), recordings may be used for internal training purposes.

Important: Even the mere transfer of recordings to unauthorised third parties is prohibited. Only authorised personnel may have access to the recordings. The NetCo body cam therefore relies on role-based access rights. ## How do GDPR-compliant body cams protect the data protection rights of an uncontrollable number of people?

The use of body-cams is associated with the data protection rights of an uncontrollable number of people, such as at large events, on public transport or on the streets. This makes data processing particularly challenging. The GDPR therefore requires special precautions: 1. Privacy by design: Data protection must be built into the technology from the outset and not added later. 2. Data minimisation: Only data that is necessary for the purpose is collected. 3. Transparency: The data subject must be able to recognise that recording is taking place. 4. Data subject rights: Individuals must be able to request, correct or delete their personal data insofar as this is compatible with the purpose of evidence.

NetCo relies on server locations in Germany. Unlike other providers, our data is not subject to the CLOUD Act. Your evidence data remains under German jurisdiction. There is no access for foreign authorities. Practical advantage: During inspections by the data protection supervisory authority, you can prove at any time that your body cam systems are GDPR-compliant. The NetCo Suite provides all the logs you need for audits. ## Why NetCo: Data protection that works in the field Body-Cams must function immediately in an emergency and at the same time meet all data protection requirements. This is exactly why the NetCo body-cam was developed. What sets us apart: * Server location in Germany: You have full control over your data. (no CLOUD Act and no unauthorised access) * Penetration tests: We have external IT service providers attack our systems to find vulnerabilities before real attackers do.

Privacy by design: With our solution, you get automatic deletion, end-to-end encryption and role-based access. * Complete preservation of evidence: Every recording is tamper-proof and every action is logged. NetCo relies on server location in Germany. Unlike US providers, our data is not subject to the CLOUD Act. Your evidence data remains under German jurisdiction. Foreign authorities have no access to it. ## Summary: The most important points at a glance * Body cameras are permitted: But they may only be switched on on a case-by-case basis, proportionately and transparently in accordance with the GDPR.
Police forces may use body cameras more easily in some cases: There are individual regulations in some police laws. * Pre-recording may be permitted: Data must be temporarily buffered and automatically deleted. * Recordings are considered evidence: Provided they have been lawfully collected, stored in a tamper-proof manner and documented in full.
Storage period: A maximum of 72 hours without evidence function is possible, after which automatic deletion is required. * Transparency is mandatory: Visible LED signal, acoustic signal, verbal notices, data protection notices on site.
Privacy by design protects data protection rights: Automated deletion, encryption and a server location in Germany are provided. * NetCo Body-Cam meets all requirements: Our solution is GDPR-compliant, tamper-proof and proven in use.

Your next step: Ensure your emergency services are legally compliant. Find out more about the NetCo Body-Cam and, if you are a security service, benefit from VBG funding. Feel free to contact us for a no-obligation consultation. We will show you how data protection and evidence preservation work. Secure a free consultation

Body cams & data protection: When is the use of body cams permitted and considered admissible evidence?

How long are body camera recordings stored? The storage period depends on the purpose of the recording. The GDPR requires that personal data may only be stored for as long as is necessary for the original purpose.