Many businesses receive demands to install surveillance cameras when they fall outside the scope of the legal obligation altogether. The difference between a genuine obligation and a demand with no statutory basis is what decides a violation report.
Contents
1) The Source of the Obligation — Article (2)
Article (2) imposes three cumulative obligations on the owners of covered facilities and those responsible for managing them:
- Installing security surveillance cameras.
- Operating them throughout the day, without interruption.
- Maintaining a central control room to manage and monitor them.
2) Covered Facilities — Article (1)
Article (1) defines "facilities" exhaustively, in thirteen categories:
- Hotels and hotel apartments
- Commercial complexes
- Cooperative societies
- Residential complexes
- Banks
- Money exchange outlets
- Gold and jewellery shops
- Sporting and cultural clubs
- Youth centres
- Shopping and entertainment centres
- Hospitals and clinics
- Warehouses and stores holding valuables or hazardous materials
- Fuel stations
3) How the List May Lawfully Expand
Article (1) closes the definition with an open clause: "and such other facilities as may be designated by a decision of the Council of Ministers upon the proposal of the Minister".
That clause lays down a single route for expansion, subject to two conditions together:
- The instrument: a decision issued by the Council of Ministers exclusively.
- The procedure: upon the proposal of the competent Minister.
4) Prohibited Locations — Article (9)
Even inside a covered facility, installation is not unrestricted. Article (9) prohibits placing cameras in:
- Areas designated for residence or sleeping.
- Physiotherapy rooms.
- Changing rooms.
- Toilets.
- Women's institutes and salons.
- Any location that conflicts with personal privacy.
5) The Position of Government Entities
Government entities do not fall within the definition in Article (1). Nonetheless, the General Department of Security Systems supplies state facilities with security systems in its capacity as the competent technical authority.
6) Responding to a Violation Report
Where a violation report is issued for failure to install, the defence follows a logical sequence:
- Characterise the activity: does it genuinely fall within one of the thirteen categories on the strict wording, rather than by analogy?
- Demand the basis of the obligation: if the activity is outside the list, the demand requires a published Council of Ministers decision. Ask for its number and date of publication.
- Check the addressee: is the report directed at the owner or at the person responsible for management, and is that capacity correct under the contracts?
- Check the location: does the demand extend to a place prohibited by Article (9)?
- Review procedure: the validity of service and the period allowed for rectification.
7) Practical Checklist
If you are within the list
- Install the system and operate it around the clock.
- Maintain a central control room.
- Avoid the locations prohibited by Article (9).
- Document maintenance contracts and continuity of operation.
If you are outside the list
- Do not concede the violation.
- Request the basis of the obligation in writing, with the decision number.
- Keep a copy of the report and all correspondence.
- Consult a lawyer before the grievance period expires.
