Legal analysis of video surveillance in commercial premises: balancing security and personal data protection

Abstract

The article comprehensively analyzes the legal regulation of video surveillance in commercial premises, evaluating how current legislation balances security demands with the requirements of personal data protection. To this end, various research methods were applied, including documentary analysis to identify the applicable regulations and their current interpretation, and comparative analysis of regulations in different jurisdictions, which evidenced the need to develop specific regulations on video surveillance in Ecuador. Expert interviews were conducted, including specialized jurists, data protection officers, and security experts, who provided valuable insights into the practical application of the regulations and current challenges. A regulatory impact analysis was carried out to evaluate the practical consequences of current legislation and proposed reforms, laying the groundwork for concrete recommendations. Collectively, these methods allowed formulating specific proposals to optimize the legal framework and better balance the interests of security and personal data protection. The analysis revealed that, although Ecuadorian legislation recognizes the right to personal data protection and public security as fundamental principles, there are inconsistencies and gaps in the current legal framework that hinder effective balance between these interests in the context of video surveillance in commercial premises. Therefore, the article highlights the importance of legislative reforms and regulatory developments that address in more detail and coherently the requirements and obligations for the legitimate use of video surveillance systems.

Keywords: Commercial premises, Legal regulation, Security, Legislative reforms.