GDPR and Respecting Privacy When Using Trail Cameras

Trail cameras are designed for the purpose of watching, monitoring and studying wildlife. There is a risk, however, that trail cameras can inadvertently capture footage of people.

In this article, we explain what GDPR is, how it can relate to trail cameras, and provide suggestions of good practices for respecting people’s privacy when using trail cameras.

 

GDPR and Trail Cameras

General Data Protection Regulation (GDPR) is a framework for safeguarding individuals' data privacy rights within the European Union. Following Brexit, GDPR was retained in UK law as the UK GDPR, the key principles of which remain the same. While GDPR compliance primarily concerns personal data collected and processed by organisations, its application extends to the use of various technologies, including trail cameras.

When using trail cameras, it's important to consider GDPR's implications regarding the capturing of images or footage of individuals. Trail cameras, typically deployed in outdoor settings to monitor wildlife, can inadvertently capture identifiable information about people passing by. Under GDPR, any visual or audio data that directly or indirectly identifies an individual (such as facial features, clothing, or other characteristics) qualifies as personal data.

Good Practice for Respecting Privacy

It's important to approach the use of trail cameras with a mindful understanding of GDPR. While the following good practice suggestions are not legal advice, they do aim to guide and promote GDPR compliance and respect for people’s privacy.

Trail cameras are used in a diverse range of scenarios and locations. Therefore, we recommend careful consideration and adaptation of these suggestions, along with any additional measures, to suit specific needs and ensure alignment with GDPR in your particular context.

Purpose Limitation

Clearly define the purpose of using trail cameras solely for wildlife monitoring or research. One way to do this is to affix a weatherproof sticker or label onto the camera explaining its purpose. Avoid placing cameras in areas where they may intrude upon individuals' privacy.

Privacy Notices

Display visible signs in areas where trail cameras are deployed, informing individuals about the presence of cameras and the purpose of data collection. While this may raise concerns about trail camera security, there are measures that can be taken to reduce the risk of trail camera theft, covered in this article.

Engagement

Engage with local communities, landowners or authorities when installing trail cameras to address concerns about privacy implications.

Data Minimisation

Adjust camera angles and settings to minimise capturing unnecessary footage of passersby. For example, avoid focusing on public areas with high foot traffic.

Data Security

Safeguard captured footage by storing it in encrypted files and limiting access to authorised personnel. In higher-risk areas for capturing footage of individuals, consider opting for a trail camera model that encrypts footage directly onto the SD card, preventing unauthorised access of footage directly from the camera.

Anonymisation

Blur or mask any identifiable information of individuals captured incidentally by trail cameras before sharing or publishing footage.

Access Restrictions

Limit access to recorded data to those with a genuine need, such as wildlife researchers or conservationists. Implement protocols for data access and deletion when no longer required.

Audits

Conduct periodic audits to ensure compliance with GDPR standards and review camera placements to prevent unintended privacy infringements.

 

In Summary

Respecting individuals' privacy while using trail cameras aligns with GDPR's fundamental principles. By prioritising ethical data collection, organisations and individuals can ensure responsible use of trail cameras where conservation efforts are carried out in tandem with safeguarding people’s privacy in outdoor environments.