TIRANA, July 20 – Albania’s Constitutional Court has upheld a law that makes it compulsory for the country’s businesses to install high resolution security cameras as part some extra public security measures the Albanian Parliament approved last year. The law had been appealed by a business association which described the new measures as anti-constitutional and violating human and privacy rights.
The new amendments making it compulsory to install security cameras in the majority of public spaces, including businesses had sparked concerns over privacy rights and increased costs which will have to be handled by the businesses community.
The Constitutional Court decision means businesses based in areas estimated as dangerous by the police, those with more than 50 employees or customers, businesses operating at night shifts from 23:00 to 06:00 and those with an annual turnover of more than 10 million lek (€74,600) will all soon have to install security systems or face penalties.
The law also envisages compulsory security systems for gambling businesses, companies operating children entertainment facilities and businesses engaged in public transport and transport of dangerous goods.
Fines on failure to install new security cameras and surveillance systems range from 5,000 to 20,000 lek (€37 to €150) on small businesses, 20,000 to 50,000 lek (€150 to €373) on medium-sized businesses and 50,000 to 100,000 lek (€373 to €747) on big businesses.
Government authorities had assured the installation of security cameras was crucial to guarantee a full investigation and bring perpetrators to justice.
However, some experts had warned the installation of security cameras in public spaces could infringe privacy rights and turn into a blackmail tool. They argued the government could not force businesses to install cameras whose footage will be made available to the police and the prosecution.
The government said the tighter measures will also serve to fight possible terror acts, which Albania has so far avoided despite experts and authorities warning the terror threat is no longer theoretical following some arrests over an alleged terrorist attack in late 2016 in the run-up to the Albania-Israel World Cup qualifier.
The new law envisages the installation of high resolution CCTV cameras which can store video footage for up to two months, the use of high tech identification means such as detectors, real time surveillance connection on guarding facilities with the state police and the use of private physical security services.
The law also foresees that public institutions and businesses subject to the law are obliged to make available the audio-visual materials to the state police and law enforcement agencies for investigation purposes and that the administration of materials will be made based on legislation on protection of personal data.
Back in April 2016, the country’s president refused decreeing the law, turning it back for re-examination to Parliament because of alleged violation of protection of personal data and providing police unlimited powers to decide on the installation of security cameras everywhere in case of an “extra source of danger.”
The ruling majority approved the law again in the same form in September 2016.
The law was later appealed by the Association for the Protection of Traders and Market. The association has appealed several controversial laws in the past four years, including a heavy fines law that increased fines on tax evasion by 50-fold to 10 million lek (about €75,000), turned down in early 2016 by the Constitutional Court as unconstitutional on “disproportionate” penalties to income and offences committed.
