Some studios are now open 24 hours. However, this is rarely possible with personal supervision. To safeguard themselves, video cameras are then hung up. But beware: Without the right communication and compliance with legal requirements, this can cause real trouble.
Video surveillance - a case for the court
A gym had installed video cameras on its training areas. A member complained to the Bavarian State Office for Data Protection Supervision about the video cameras. The data protection officer investigated the matter and ordered the video surveillance to cease. The gym resisted this and filed a lawsuit.
After four years of litigation, the Ansbach Administrative Court ruled at the end of 2021 that the member's right to informational self-determination outweighed the studio's legal interest in preventing theft and ensuring security in the absence of trainers.
In short: The member was proven right and the cameras had to be removed.
However, the court also stated: A limited surveillance of concretely endangered areas is possible (e.g. in the entrance area).
What is the right way to proceed?
Obtain consent
Before installing cameras on the training area, you should obtain active consent from all members. New members should be informed about the video surveillance at the time of signing the contract and have it confirmed by checking the box on the membership contract that the member has been informed and agrees to the video surveillance.
If a member does not agree with the video cameras, grant him or her a special right of termination. It is not worth arguing about this for several years.
If the member refuses "on principle" and also does not want to terminate, then the only option is to wait for the initial term and then give the member notice of termination in due time.
Putting up signs
Where do you have to point out video surveillance?
Meaningful signs must be installed at eye level for each monitored area. These can consist of text or a pictogram and must not be too small.
The signs must state where and how to obtain further information (e.g. link or QR code to the privacy policy). Due to the GDPR, the following information must be provided to members:
- Name and contact details of the person responsible for data protection in the studio.
- Processing purpose (why are the recordings made)
- Legal basis (your legitimate interest in the video recordings).
- Storage period
- Rights of the data subject
Do not take it lightly. If you fail to comply, the state data protection authority may impose fines for unauthorized video surveillance and require you to take down the cameras.
Further interesting information for gym operatorsabout legal topicscan be found here:
Legal tips for fitness studios
Author: Julia Ruch - Lawyer
Source: aktivKANZLEI
Image source: #462227025 vectorfusionart / stock.adobe.com
Published on: 8 February 2023