In short: cameras in corridors and common areas are routine and accepted, given proper notice. In the group room the situation is stricter: under education regulations, installation requires the consent of a majority of parents and prior consultation with teaching staff. There are also legislative proposals that would make cameras mandatory in nurseries and kindergartens, with parental access to footage — but those are drafts, not rules in force, and have been criticised for conflicting with GDPR.
The distinction between “what the law is now” and “what has been proposed” matters here, because press coverage frequently blurs the two.
What is currently permitted
Common areas (corridors, entrance, yard): video surveillance is routine. The condition is GDPR compliance — a legitimate purpose, visible notice through pictograms and a privacy notice, limited retention and restricted access.
The group room: here education regulations are more restrictive. The usual rule is that cameras cannot be installed without the consent of a majority of parents, with prior consultation of teaching staff. In practice, a unit cannot unilaterally decide to film the room where children spend their day.
What is never permitted: publishing recordings, live-streaming to parents without a solid legal basis, or giving a parent access to footage from groups other than their own child’s.
What is only a proposal
Legislative drafts have circulated publicly that would require:
- mandatory installation of audio-video systems in nurseries and kindergartens, both state and private;
- coverage of group rooms, corridors, dining halls and outdoor areas;
- parental access to recordings within a short period of a request, limited to their own child’s group;
- retention of recordings for a set period, followed by archiving.
⚑ These provisions were proposed, not adopted as generally applicable rules at the time of writing. Data protection specialists have flagged conflicts with GDPR — particularly around the legal basis for processing and the proportionality of permanent audio surveillance of young children.
What this means for you as a parent: if a unit tells you “the law requires us to film in the room”, ask for the specific legal basis, in writing. Then check the current status on the Legislative Portal or with ANSPDCP.
What you can legitimately request under GDPR
Whatever the legislative debate, you have firm rights as a data subject (on your child’s behalf):
| What you request | Basis |
|---|---|
| The privacy notice — who the controller is, what is filmed, why, how long it’s kept | Duty to inform |
| The legal basis for processing | Lawfulness principle |
| The retention period and what happens afterwards | Storage limitation |
| Who has access to the footage | Security of processing |
| Whether there is a DPO and their contact details | Designation duty, where applicable |
Request them in writing, at the unit’s registry, with a registration number. A unit that processes data properly has these documents ready; one that doesn’t is flagging a bigger problem than the cameras.
Cameras do not replace the incident procedure
This is parents’ most common misconception: “if there are cameras, I’ll find out what happened.” In reality, access to footage is limited, and the official incident procedure remains separate and mandatory.
If something has happened, the correct route is: care and documentation → a scheduled conversation with the teacher → a written complaint to the head of unit with a registration number → ISJ Cluj, 119 or the police, depending on severity. The full steps are in the dedicated guide: what to do when your child is hit or bitten at kindergarten.
Cameras can help as evidence, but they do not guarantee you access and do not replace a formal complaint.
What to ask on a visit
Add these to your kindergarten visit checklist:
- Are there cameras, and exactly where are they installed?
- Is audio recorded too, or only video?
- Who has access to the recordings, and under what conditions?
- How long are they kept?
- Is there a GDPR privacy notice, and can I have a copy?
- In the group room, how was parental consent obtained?
- Do you have a data protection officer (DPO)?
A clear, quick answer to these questions says a lot about how seriously the unit treats children’s data.
What to do if you disagree
If the unit intends to install cameras in the group room and you disagree:
- State your position in writing, at the registry. Parental consent is counted; a verbal objection is not recorded.
- Ask for the consultation procedure — how consent was collected, how the result was communicated.
- Complain to ANSPDCP if processing is taking place without a legal basis or without notice.
- Don’t limit yourself to the WhatsApp group — informal discussions have no legal effect.
Conversely: if you want cameras and the unit refuses, note that the refusal may be perfectly lawful — there is currently no general obligation to install cameras in group rooms.
Frequently asked questions
Is it legal to have video cameras in the group room? Yes, but conditionally. Education regulations provide that installation in group rooms requires the consent of a majority of parents and prior consultation with teaching staff. In common areas, surveillance is routine, subject to GDPR.
Are cameras mandatory in nurseries and kindergartens? No. There have been legislative proposals that would require mandatory cameras with parental access to footage, but these are drafts, not generally applicable rules. Check the current status on the Legislative Portal.
Can I ask to see footage of my child? You can submit a request, but access is not automatic and is limited to your own child’s group. The unit must comply with GDPR and the rights of the other children filmed.
How long are recordings kept? The period must be set by the controller under the storage limitation principle and stated in the privacy notice. Ask for the exact period in writing.
What if I don’t want cameras in my child’s room? State your objection in writing at the unit’s registry and ask to see the procedure by which parental consent was collected. You can complain to ANSPDCP if the processing has no legal basis.
Do cameras replace filing a complaint after an incident? No. The national procedure on managing violence cases remains mandatory and separate. Recordings can serve as evidence but do not guarantee you access.
Sources
- Video surveillance in schools — GDPR compliance analysis — Edupedu
- The Government’s position on audio-video surveillance in schools — Edupedu
- Draft on cameras in nurseries and kindergartens — AvocatNet
- National Supervisory Authority for Personal Data Processing (ANSPDCP)
- Legislative Portal — for the current status of draft laws
Conclusion
Remember three things: in common areas cameras are routine, in the group room you need the consent of a majority of parents, and what you’ve read about “mandatory cameras” is for now a draft, not law. Ask for the GDPR privacy notice in writing — it is the fastest test of how seriously a unit treats children’s data.
Compare units in your neighbourhood on the piticluj.ro interactive map and ask the surveillance questions at your first visit. See also our data sources.