Citizens can challenge fines if cameras breach privacy rules

Citizens can challenge fines if cameras breach privacy rules
Cameras near public streets in Lierde on Monday 30 December 2024. Credit: Belga/Nicolas Maeterlinck

Residents in Flanders who believe that ANPR cameras in their municipality are being used improperly can take action against it, according to Hans Graux, Chair of the Flemish Supervisory Commission (VTC), speaking on De Zevende Dag on VRT1 this Sunday.

Earlier this week, it was revealed that the Flemish privacy watchdog intends to ban the number of speed enforcement cameras in Grimbergen, where eleven ANPR cameras have been operational since mid-2024 to monitor compliance with speed limits. A local resident approached the VTC, citing privacy violations.

Grimbergen has appealed the ruling to the Council of State. Graux suggests that citizens might successfully contest fines issued by these cameras. “We have outlined the guidelines for camera usage. People fined who believe this infringes on privacy laws can indeed take legal action.”

This issue extends beyond Grimbergen alone. “We have issued a general warning, alongside our decision regarding Grimbergen, on the regulations for using ANPR cameras,” Graux continues. “Citizens who feel cameras are deployed in non-compliance with these regulations can challenge the fines.”

Graux considers this an “ideal moment” to discuss finding a balanced approach to the use of ANPR cameras. He references a study commissioned by Flemish Mobility Minister Annick De Ridder (N-VA) concerning speed enforcement measures.

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Wim Dries, Mayor of Genk and Chair of the Association of Flemish Cities and Municipalities (VVSG), notes that Flanders has over 300 active speed enforcement controls and that ANPR cameras are used nationwide for judicial purposes. “We are surprised there is such focus on local authorities, who implement these measures with a clear focus on traffic safety,” Dries states.


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