Data bureau approves nursery CCTV plan with safeguards

The Personal Data Protection Bureau (DSPDP) has approved the Social Affairs Bureau’s (IAS) plan to launch a “Nursery CCTV Program” in the third quarter of this year.

The program involves installing closed-circuit television systems in children’s sleeping and activity areas to enhance safety and service supervision.

This comes after an infant’s sudden death on October 19, 2023, that prompted a thorough police investigation of the Taipa nursery’s facilities, procedures, and staff, as well as forensic analysis of the baby’s blood sample.

Police explained that, after a comprehensive investigation, no criminal elements were ruled out. They added that no one was found to be involved in crimes related to the infant’s death while napping.

The approval is valid for five years and includes stringent conditions to safeguard sensitive data.
The DSPDP requires compliance with Article 16 of the Personal Data Protection Act, emphasizing special security measures and the non-discrimination principle.

The program must apply equally to all nursery staff and children, without targeting individuals.
Staff involved in any disciplinary procedures can view relevant footage at designated locations but cannot obtain copies, with measures in place to prevent unauthorized duplication.Nurseries must also notify parents or guardians in writing, such as via enrollment forms, about the CCTV installation and its purposes, allowing them to make informed decisions about their children’s enrollment.
Footage should avoid capturing children’s nudity to prevent discrimination.

Security protocols require storing recordings in encrypted electronic systems accessible only via password, with regular firewall and antivirus updates.

CCTV monitors must not be publicly visible and may only be accessed by authorized personnel when a child is injured or suspected of mistreatment. Every access must also be logged.

Additional conditions prohibit the use of wireless or remote-control devices in the CCTV system and forbid internet connectivity. Nurseries must strictly follow the “Nursery CCTV Program (Sleeping and Activity Areas) – Guidelines and Application Instructions.”

For urgent situations involving child safety or legal obligations, nurseries may access recordings without prior IAS approval but must notify the bureau within two working days, detailing the reason, scope, date, time, and personnel involved. lv