Legal Basis

Do You Need Consent?

Short answer: usually not. Construction cameras typically operate under "legitimate interests," not consent. Here's what that means.

Lawful Bases for Camera Use

Legitimate Interests

Most Common

Most common for construction cameras. Your interest in documentation, security, and progress monitoring can outweigh privacy impact if handled properly.

Consent

Rarely practical for construction sites. Getting consent from every worker and visitor is impractical, and consent must be freely given and revocable.

Legal Obligation

May apply if regulations require documentation, though this is rare for general construction.

Contract Performance

May apply if camera documentation is specified in construction contracts.

Legitimate Interests Checklist

Identify your interest

Progress documentation, dispute protection, site security

Assess necessity

Are cameras the least invasive way to achieve this?

Balance against privacy

Face blurring, privacy zones minimize impact

Document your reasoning

Keep a written record of your assessment

Inform data subjects

Signage, worker notices explaining camera use

Face Blurring Simplifies Everything

With face blurring, your photos don't contain personal data. This dramatically simplifies the legal analysis—if individuals aren't identifiable, GDPR's personal data rules don't apply.

Frequently Asked Questions

Do I need consent from workers to use construction cameras?

Usually not. Construction cameras are typically justified under 'legitimate interests'—you have valid business reasons (documentation, progress, security) that outweigh the privacy impact, especially with face blurring enabled. Workers should be informed, but consent isn't required if legitimate interests apply.

What about visitors and subcontractors?

Same principle. Signage at site entrances informs visitors. Subcontractors are informed through site induction or their contracts. The key is transparency about camera presence, not collecting individual consents.

Can someone object to being recorded?

Under legitimate interests, people can object but their objection isn't automatically granted. You weigh their objection against your interests. With face blurring, objections are less relevant since individuals aren't identifiable anyway.

What documentation do I need?

Keep a record of your legitimate interests assessment: why you're using cameras, how you minimize privacy impact (face blurring, zones), and how you inform people. This doesn't need to be elaborate but should exist.

Related Topics

Compliant Camera Operation

Legitimate interests plus face blurring covers most construction camera use cases.