Below you will find our privacy statement regarding the photographs gathered in the public space. If you have questions in response to this privacy statement, please have a look at out frequently asked questions. Is your question unanswered, please reach out to firstname.lastname@example.org.
Last updated: 19 May 2022
This is the privacy statement of CamenAI B.V. (hereinafter: “Camenai”) regarding photographs gathered through cameras from public roads using Camenai applications. These photographs of the public space may contain personal data, pursuant to which the General Data Protection Regulation (GDPR) applies. In this privacy statement we explain how we handle the protection of personal data in these photographs.
For the sake of privacy, recognisable faces and vehicle registration plates that are visible in the photos are made unrecognisable by means of blurring. The blurred photographs are stored in a database and processed using a closed online platform. Camenai analyses data that are relevant for the management of the public space that are visible in the photos (such as, for example, the condition of the street furniture and the presence of litter). The photos and analyses of the public space are then made available to the relevant Camenai customers via a dashboard (hereinafter: “Public Space Dashboard”).
Camenai only processes personal data in accordance with applicable privacy laws and regulations and in line with this Privacy Statement.
Who is responsible for processing personal data?
According to the GDPR, the data controller is the party that, alone or jointly with others, determines the purposes and means of the processing of personal data. Under the GDPR, the data controller has a number of obligations. Camenai regularly fulfils the role of data controller with regard to the collection of the visual material, the processing of this image material and making this available via the Public Space Dashboard.
In so far as Camenai determines the purposes and means with regard to collection and processing jointly with another party, there is a joint processing responsibility. This is the case, for example, when Camenai agrees with a customer that the Camenai application is used to take pictures of the public space to detect litter, the customer in question uses the Camenai application to collect these images, and Camenai further processes these images and applies a litter detection algorithm to these images. In this situation, the activities of both Camenai and its customers are inextricably linked and joint purpose and means are determined in the interest of both Camenai and its customers. In so far as there is such a joint processing responsibility, Camenai will record the agreements with its co-controller(s) in an appropriate agreement in accordance with the GDPR.
The processed image material is made available by Camenai on the Public Space Dashboard. In this context, Camenai bears an independent processing responsibility with regard to management of the database and the provision of the images. Customers who subsequently use the image material via the Public Space Dashboard in their own work processes are also independently responsible for processing.
For some tasks, Camenai commissions third parties to perform (part of) the image processing, whereby personal data may also be provided to these parties. Under the GDPR, such third parties are a “Processor” of Camenai. Examples of this are third parties that obtain image material on behalf of Camenai or partners that automatically analyse image material. Agreements are made with these processors about the careful and secure processing of personal data, which are recorded in a processing agreement.
There may also be situations in which Camenai only processes images on behalf of another organisation and where Camenai does not process these images for its own purposes or influence the way in which this is done (other than simply making available an application that enables this). In those situations, the responsibility for processing rests entirely with Camenai’s client and Camenai acts as a “Processor”. Agreements about this are recorded in a processing agreement to safeguard the secure processing of personal data.
Purpose of data processing and lawfulness
Camenai takes photos of the public space to visualise the environment and analyse this environment in order to improve management of the public space. Camenai has a legitimate interest to process possibly visible personal data in street photos on the basis of Article 6.1(f) GDPR. This legitimate interest includes the freedom to conduct a business as included in Article 16 of the Charter of Fundamental Rights of the EU and the resulting interest in being able to serve its customers, other stakeholders and society at large in the best possible way. The purposes of processing comprise the registration and processing of pictures of the public space in a database for the purpose of further analysing them and making these pictures and the results of the analysis available to public and private organisations under stringent conditions.
The visual material collected by Camenai provides a better insight into the public space and thus contributes to a social interest to better understand the increasingly complex and rapidly changing environment and to detect problems in a timely manner. To achieve adequate management of the public space in connection with:
- Improving mobility (e.g. parking pressure);
- Improving the quality of life (e.g. litter monitoring, weed detection);
- The consequences of climate change (e.g. Impediments to water drainage);
- Increasing safety (for example road surface quality, visibility of markings and road signs); and
- Other public responsibilities
a transparent and up-to-date overview of the public space is essential. In short, the interests of society as a whole benefit from the data processing that Camenai carries out.
The recording of (personal) data visible from the public road is inevitable in order to efficiently and effectively analyse the public space through large-scale recording and analysis of the public space. After all, this recording of the public space is necessary to be able to generate such an overview of and insight into the public space in question, so that it is comparable to what a person perceives when he or she would physically visit the same location.
The interests of Camenai and third parties, including society as a whole, are weighed up by Camenai against the interests or basic and fundamental rights of data subjects in relation to the protection of personal data. One factor in this is that virtually all data visible in the image material cannot be regarded as sensitive personal data at all or can only be regarded as insensitive personal data, which are already visible in the public space. This minimises the potential adverse consequences and risks for any data subjects.
Camenai has taken various safeguards to prevent and limit any undesired consequences for data subjects as much as possible. One of these measures is blurring: Since faces and vehicle registration plates are not relevant for the purpose of processing, Camenai uses an advanced software tool that automatically detects faces and vehicle registration plates in the images and makes them unrecognisable.
Camenai’s image material is not freely available. Moreover, customers only get access to Camenai’s image material after the rough data have been blurred. Furthermore, customers do not have access to the entire dataset, but only to the relevant geographic areas within the image database that they need for their own purposes.
Camenai is of the opinion that its interests, in combination with the interests of its customers, in principle outweigh the infringement of the privacy of data subjects, partly because Camenai has taken measures to minimise this infringement, as further explained under “Saving and securing”.
Storage and security
Camenai’s photos are retained in order to fulfil the purposes of processing and its contractual obligations with customers. The database with street photos collected within European countries is located within the European Economic Area.
In the photos that Camenai collects, stores, analyses and makes available to its customers via the Public Space Dashboard, privacy-sensitive information – viz. faces of recognisable persons and/or vehicle registration plates of cars – is made unrecognisable (blurred). Unblurred material is deleted after blurring.
Camenai has also implemented various organisational and technical measures to ensure that access to the data by unauthorised persons can be prevented, such as:
- Separate processing of images and other data;
- Storage on strictly secured servers;
- Encrypted storage on the collection equipment;
- Restriction of access for individual users via username/password and multi-factor authentication to the extent under our control;
- Informing employees about their obligations with regard to the lawful processing of the image material and the data derived from this material;
- Setting up a reporting procedure for security incidents (data breaches).
Information provision and supervision
Camenai provides information about collection projects on its own website. In so far as there is joint responsibility for processing of the image material, data subjects are (also) informed via the website of that party.
In addition, Camenai has appointed a data protection officer (DPO), who supervises the processing of personal data. The DPO monitors the application and compliance with the GDPR within Camenai and can be reached via the contact details below.
If you are a data subject in our photographs (for instance, because your house has been photographed or because you think you yourself are shown in our photographs), you can request access, rectification and erasure of your data. In addition, you can raise objections to the use of your personal data. You can do this in writing: by email to email@example.com, through the contact page on our website, or by post to the following address:
3526 KS Utrecht
If you submit a request for access, we may ask you – to prevent misuse – to demonstrate that you are actually the data subject in relation to the request (such as the owner of a home for which you want access).
To the extent that your request relates to processing that Camenai carries out in joint responsibility with another party, your request will also be forwarded to that party and will be handled in consultation. If your request comes under the responsibility of another party, Camenai will forward your request to that party for processing. If this is the case, Camenai will inform you accordingly.
Camenai handles the processing of your personal data with care and is committed to handling any requests or objections adequately. If you believe that this is not done satisfactorily, you have the right to file a complaint with the Dutch Data Protection Authority.
We reserve the right to modify our Privacy Statement. Any changes will be published on this website.