After departmental checks, which my Office carried out, regarding the legality of the installation and operation of Closed Circuit Video Surveillance (CCVT), which also included gyms, and after evaluating these results, I am listing the following:
The PPE operation in gym facilities, on the one hand, should aim to ensure the protection of said facilities, on the other hand, it should respect the right of customers and employees to protect their privacy and personal data.
Specifically, weighing the legal interests of the gym and the rights of the data subjects, the operation of CCTV in the area where the machines are located and the recording of natural persons, during their exercise time, is considered excessive.
In the light of the above, it is allowed to operate CCTV in:
- Gym entrance/exit
- Parking space (provided that its use and/or management is under the responsibility of the gym)
- Perimeter of the gym, recording within the boundaries of private property
- Reception, focusing exclusively on the cashier.
CCTV operation is not allowed in:
- Areas with machines/areas where physical persons exercise
- Kitchen
- Restrooms/ changing rooms
- Offices
It is pointed out that audio recording is not permitted under any circumstances, since this interferes too much with the privacy of the data subjects.
As regards the access to the video material, it must be accessible only from a screen/computer, which is located within the premises of the gym and to which only the Director and/or an authorized person has access. Access to said material, from a personal device and on an ongoing basis, is not permitted.