Christmas Market Security: Protecting Your Personal Data

The holiday season is a time for joy, togetherness, and festive cheer. Christmas markets, in particular, offer a wonderful opportunity to soak in the holiday spirit. However, even during these joyful times, concerns about security and public safety remain ever-present. 

In 2022, The 10th Chamber dismissed a citizen's lawsuit against the video surveillance of the 2022 Christmas market in Hanover, finding it lawful. The surveillance was authorized by the Hanover Police Department due to the increased risk of crimes during the event and the potential threat of a terrorist attack, with the surveillance systems well-documented and visible to the public. While acknowledging that the surveillance interfered with the plaintiff's right to informational self-determination, the court deemed it justifiable under Section 32 of the Lower Saxony Police and Regulatory Authorities Act. Regarding the 2023 Christmas market, the police department announced in the oral hearing that video surveillance was being examined.

The case of video surveillance at the 2022 Christmas market in Hanover serves as a compelling example of the intricate balance between public safety, individual rights, and legal regulations. As talks about the possible implementation of video surveillance at the Christmas Market this year, it's crucial for civilians to understand their rights under the General Data Protection Regulation (GDPR) and take steps to protect their data privacy. It's worth noting that the ethical use of technology plays a pivotal role. For instance, if a system refrains from collecting, storing, or transmitting personal data, it represents a significant step toward ensuring privacy and upholding ethical standards. With that said, here's a comprehensive guide to help you stay informed and prepared:

The GDPR sets out how organizations can collect, use, and store personal data. It grants individuals several rights regarding their data, including:

Right to access

This right grants individuals the power to request access to their personal data that an organization holds. You can ask for a copy of the data and information about how it's being used. It's essential to exercise this right if you want to know what personal information an organization has about you, especially in situations where video surveillance is in use. This can help you understand if your image or other data is being collected.

Right to erasure

Individuals have the right to request that their personal data be erased in certain circumstances. If you're concerned about the presence of your image or data in video surveillance records and feel it's no longer necessary or lawful to keep it, you can request its deletion.

Right to restrict processing

Individuals have the right to request that the processing of their personal data be restricted if they have concerns about the use of their data captured through video surveillance. This right enables you to limit the processing of your personal data under certain conditions. For instance, if you contest the accuracy of your data or believe the processing is unlawful, you can request that its processing be restricted.

Right to object  

Individuals have the right to object to the processing of their personal data, which includes data collected through video surveillance. This can be based on reasons such as the processing not being necessary for the organization's legitimate interests. If you believe that video surveillance is not justified or necessary, you can raise an objection, and the organization must consider your objections.

Right to data portability

Individuals have the right to receive their personal data in a structured, commonly used, and machine-readable format. While this right may not be directly related to video surveillance, it's essential to understand how your data can be transferred if you wish to switch service providers or take your data elsewhere.

Christmas markets have emerged as potential targets for terrorism due to their symbolic significance and popularity. The 10th Chamber outlined several pivotal reasons supporting the implementation of video surveillance at Christmas markets. Following the Breitscheidplatz attack in Berlin, Christmas markets have been identified as potential targets for terrorism, particularly due to the symbolic and popular nature of events like the one in Hanover. Additionally, police analyses of crime statistics from 2015 to 2021 revealed a heightened risk of offenses during the Christmas market in the specified area, justifying the necessity of surveillance to prevent such incidents.

France is also facing similar scrutiny following the 2018 Strasbourg Christmas market shooting, as several measures were implemented by the authorities in response to the attack. These included the establishment of the Centre for the Prevention of Radicalisation aimed at identifying and deterring radicalization, along with an increased deployment of facial recognition technology and CCTV cameras in public spaces and private buildings. However, these measures have faced criticism for potentially infringing on civil liberties, stirring debate over their effectiveness in curbing terrorism.

While the rationale behind video surveillance at these markets centers around safety and the prevention of potential threats, it's crucial to balance these security measures with considerations of data privacy. Attending surveilled events raises valid concerns about individual privacy rights and the extent of monitoring in public spaces.

Finding a balance between ensuring public safety and respecting privacy rights becomes imperative in such situations. Striking this balance might involve implementing security measures that are effective in deterring threats while also ensuring transparency, oversight, and accountability in the use of surveillance technologies. Here are some essential tips to help you strike the right balance between enjoying the holiday season and safeguarding your privacy:

Awareness of Surveillance

When attending Christmas markets or similar events, it's essential to recognize that video surveillance might be in place for security reasons. To better prepare yourself, pay close attention to any signs or notices indicating the presence of surveillance cameras. Be proactive in inquiring about the extent and purpose of the surveillance through official channels or event organizers.

Understanding Legal Regulations

Understanding the legal framework surrounding surveillance is essential for individuals attending such events. In the Hanover case, the court referenced specific sections of the Lower Saxony Police and Regulatory Authorities Act to justify the surveillance. It's vital to familiarize yourself with relevant laws and regulations in your area, as they can vary from place to place. Knowing the legal boundaries will help you comprehend the delicate balance between public safety and individual privacy.

Balancing Rights

While video surveillance may infringe on the right to informational self-determination, authorities may justify it when there is a clear and present risk to public safety. People should be prepared to accept some level of intrusion in such circumstances but also demand transparency and accountability in the surveillance process.

Data Minimization and Storage Limitation

Authorities must collect personal data adequately, ensuring relevance and limitation to what is necessary for the intended purposes. Additionally, personal data should only be retained in a form allowing identification for the required duration for which it's processed.

Transparency and Purpose limitation

The video surveillance must be used for a specified, explicit, and legitimate purpose. Authorities should make an effort to be transparent about their surveillance measures. In this case, the police used press releases and the police website to inform the public about the surveillance. When visiting such events, individuals should seek out official information sources to understand the extent and purpose of the surveillance.

Case-by-Case Consideration

The legal discussions surrounding the admissibility of video surveillance can vary from case to case. Different events and locations may have unique considerations, and national or regional laws may differ. People should recognize that data privacy issues are not one-size-fits-all and should be addressed on a case-by-case basis.

Advocacy and Engagement

If individuals have concerns about surveillance practices at events like Christmas markets, they can engage with local authorities, raise questions, and advocate for the protection of their privacy rights. Active participation in discussions and seeking clarification can contribute to a better balance between public safety and personal privacy.

Enjoying the holiday season at Christmas markets should not come at the expense of your data privacy. By being aware of surveillance, understanding legal regulations, striking the right balance between rights, promoting transparency, considering each case individually, and actively advocating for your privacy, you can create a safer and more privacy-respecting environment for everyone. This way, you can savor the holiday festivities without compromising your personal data.