VIDEO SURVEILLANCE: NEW RULES IN BOSNIA AND HERZEGOVINA AND THE EUROPEAN UNION

Cameras have become an inseparable part of everyday life — in stores, offices, schools, banks, and even in public spaces. Their primary purpose is to enhance safety, protect property, and prevent crime. However, every recording captured by a camera is considered personal data, as it pertains to identifiable individuals.

This means that video recording and processing fall under strict rules established by the new Law on Personal Data Protection in Bosnia and Herzegovina, as well as the European General Data Protection Regulation (GDPR).

TRANSPARENCY FIRST: NEW RULES IN BOSNIA AND HERZEGOVINA

The new law in BiH introduces a clear standard: citizens must be informed that they are under video surveillance, why they are being recorded, and how long their footage will be stored.

Data controllers and processors are required to:

Display visible notifications,

Establish internal procedures for storage and deletion of footage,

Justify the purpose of surveillance — protection of people and property is a valid legal basis, but general monitoring or unjustified employee surveillance is not permitted.

GDPR AND EU GUIDELINES

The GDPR has long regulated video surveillance in a similar manner. The European Data Protection Board (EDPB) emphasized in its 2019 guidelines that video surveillance must be proportional, and data processing limited to what is strictly necessary.

For example:

An employer cannot use cameras to monitor an employee at their desk.

Surveillance is acceptable only in common areas for safety purposes.

Footage collected for security cannot later be used for marketing or other unrelated purposes without prior consent.

REGIONAL PRACTICES: LESSONS TO LEARN

Across the region, supervisory authorities are taking the issue seriously:

In Croatia, the Personal Data Protection Agency has issued numerous fines to companies for failing to post surveillance notices or for excessive monitoring of workers.

In Serbia, the Commissioner for Information has emphasized that surveillance in the workplace must be minimal and must not violate employee dignity.

These cases serve as a clear message to organizations in BiH: video surveillance must not become a tool for full control, but should remain a safety measure.

CITIZENS’ RIGHTS AND CONTROLLERS’ DUTIES

Citizens have the right to:

Request access to their recordings,

Ask for deletion once the purpose of recording is no longer valid,

File a complaint if they believe their privacy has been violated.

Controllers must:

Inform individuals about their rights,

Provide simple and accessible mechanisms to exercise those rights.

These are not just theoretical guarantees — they are practical safeguards against misuse of personal data.

TRUST IS THE FOUNDATION

For institutions and companies, complying with the law has a dual benefit: they avoid hefty fines and build trust with users and employees. For citizens, it ensures that their privacy will be respected in a world where technology enables near-constant monitoring.

Video surveillance is a powerful safety tool — but also a sensitive legal matter. New laws in BiH and EU guidelines make it clear: security and privacy do not have to conflict, but only if the rules are respected.

Transparency is the first and most important step: informing citizens, respecting their rights, and limiting data processing to what is absolutely necessary — before switching on any camera.

By Jovana Diljević, Attorney at Law. This article represents the author's personal opinion and does not constitute legal advice.

More information: www.jovanadiljevic.com.