Unworted link collection lakthe monitoring shots

Unworted link collection LakThe monitoring shots

Anyone who entered the Clinic at Isar Park in Plattling in Bavaria as a patient had a potentially worldwide audience: whether emergency room or main entrance, reception or visitor parking, everything is monitored by cameras – and their recordings were available live for everyone?. Because every single one of the more than a dozen IP cameras on the clinic garden can be reached directly from the Internet via DynDNS service and port sharing.

The addresses and the login data necessary for access were awkwardly visible on a web server of the middle-class electrical installation operation ELAB Elektroanlagenbau GmbH from Deggendorf, which is responsible for the installation of the monitoring systems. In the overview, more than a dozen other links to cameras of a construction company, a car dealership, a residential complex in Crestut as well as a number of construction sites and other places in the region. Conveniently, the credentials were equally integrated into the links – a click to look at the monitoring recordings live.

Open for everything

In the case of the so-called Maurerhalle of the construction company from Deggendorf, even the admin access to the monitoring system was deposited, the associated password was transferred to trivialitat only from those of the other surveillance cameras: they followed dull the pattern 113355. The username had to be easily guessed if he had not been on the overview page anyway.

Most of the listed monitoring cameras are Mobotix M10, equipped with two lenses and offer high-ranking pictures with up to 1280 × 960 pixels. The upgraded information to access these pictures can be found in the manual of the camera. The quality of the recordings is completely sufficient to decipher to the clinic on the Isar Park at the emergency room, the hospital parking and the nursing home of the clinic on the Isar Park or to recognize persons. At the reception right next to the main entrance there is another camera for close-ups of the counter.

The links on the overview page suggest that the access, the swing and the window front of the kindergarten will be monitored by other cameras, which were not in operation during our research. The cafe and the smoking area we were able to visit from afar. At the residential complex in Kreut, the camera is so high that you could look with it from above on a number of balconies of the neighborhood and sometimes to the living room.

Video monitoring in the DSGVO

From a data protection point of view, both the company ELAB and the companies and organizations which have commissioned their performance for video monitoring, apparently made a whole lot done wrong. That’s what the pictures of the cameras can not be opened open to the grid. This was allowed to act an incident that is to be reported to the Histors under Article 33 of the DSGVO.

But much continues to be the question of whether the cameras are above all overhead. Although video monitoring in the DSGVO is not explicitly regulated. Also in the scientific German Federal Data Protection Act can be found in paragraph 4 only regulations for public space. Nevertheless, the permanent films represent a data processing that is only under the narrow requirements of data protection.

Prerequisite is that publicly accessible areas are observed by camera and this does not happen for private purposes. In this case, the operation of cameras according to Article 6 DSGVO is only permitted if this is "to maintain legitimate interests of the responsible person or a third party". However, it must be taken to ensure that the conflicting interests of the persons concerned, here are not the observed, do not extend this interest.

So only the own, not used by third parties is monitored, is the principle of legally nothing against. This maaking is usually covered by the perception of the household. However, this right ends where regularly third parties are affected by video monitoring, ie at the basic sugar limits. Public space, such as walkways or straws and the primary butt of the neighbor, are taboo at monitoring.

Obligation to sign

In the case of ELAB, however, massive accessible areas were monitored – and with the close-up of the counter, the smoking corner or the emergency room even sensitive areas, in which the persistent persons would hardly have to expect a monitoring. For the monitoring of these areas, the clinic operator will need very good arguments to justify them. Everything speaks that here are the interests of those affected against those of the clinic, so that the monitoring is inadequate. In addition, the privacy behavior requires that on the respective places by unambiguous and unuitable signs are referred to video monitoring. At the clinic at Isar Park is a sign on the entrance to the parking lot according to Elab. On this sign, for example, the name of the responsible body must be noted as well as the processing purposes and the legal basis, the duration of a storage of recording and the indication that authorized interest of the responsible for the operation of the cameras claims.

Responsible in the legal sense is in the present fall the operator of the cameras, ie the hospital, the car dealership or the construction company. ELAB will have been tatig for these companies as a so-called job processor, whereby a separate contract is necessarily necessary.

The responsible person, in the present case, especially the hospital, threatens for the possibly inadmissible orientation of the cameras and the possibly missing signs a book money according to DSGVO. In fact, there are a lot of such penalties in German as well as in the European room, which are usually moved in the four to five-to-five-digit area. Another book money threatens for feeding the camera images to the Internet, which – depended on the internal agreements – ELAB.

Folded data

But that’s not enough: not all cameras listed on the overview page were directly from the Internet, sometimes seem to have been stored in particular from various construction sites on the server of ELAB – for years beyond. The oldest monitoring recording found from us came from October 2016, is therefore almost four years old. This in turn raises the question of storage periods.

This is based on records strictly at the principle of necessity. However, the privacy habits are usually from a storage period of a maximum of 48 hours even when video monitoring is generated. After this period, the recordings are to be unhooked, unless exceptionally occurred in the supervised area a bit. Exceptions may be there in the area of high-security tracts, but certainly not with smoking corners. If the storage goes beyond the period, so it is incremented against the principle of data saving. Here, too, there will be a budget with rough probability.

After we informed Elab by fax and asked for an opinion – our previously shipped e-mails did not arrive – it quickly came: not even 24 hours took it until the oversight side took offline and the cameras of customers were provided with new access data. That’s how it should be. In addition, we received an opinion of the business manner: The server with the Cameratism view should never be publicly accessible, but only to maintain tains in the intranet are available. It was obviously a configuration error of the firewall, which opened the data leak. This is stuffed now. In the camera installed in a residential complex, it was reimbursed to hide the now related houses, this has been immediately made up. The costs incurred for the conversion shall apply ELAB and thus overcome the financial responsibility.

The data span must probably have to arrange the Admins of Elab: An unused overview page with access data is also in the intranet a NO-go, trivial passwords are as well. The safe storage of individual passwords for all cameras causes more time in the facility and thus higher costs – but is ultimately much cheaper than any punishment that the DSGVO provides for.

This article comes from C’t 16/2020.

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