AEPD (Spain) - EXP202211775

AEPD - PS-00060-2023
Authority:	AEPD (Spain)
Jurisdiction:	Spain
Relevant Law:	Article 6(1) GDPR
Type:	Complaint
Outcome:	Upheld
Started:
Decided:
Published:
Fine:	300 EUR
Parties:	n/a
National Case Number/Name:	PS-00060-2023
European Case Law Identifier:	n/a
Appeal:	Unknown
Original Language(s):	Spanish
Original Source:	PS-00060-2023 (in ES)
Initial Contributor:	Sh

The Spanish DPA fined the controller €300 for installing cameras in public areas without consent, breaching Article 6(1) GDPR.

English Summary

Facts

The data subject’s neighbor installed cameras on a shared landing without consulting the homeowner’s association of the building. This camera captured the landing and door of the data subject. After asking the neighbor to remove the cameras and receiving no reply, the data subject submitted a complaint to the Spanish DPA.

Holding

The lack of communication and community permission, according to the Spanish DPA, violated Article 6.1 GDPR. The Spanish DPA also highlighted national law, which states that surveillance in common areas must be approved by three-fifths of the homeowner’s association. The DPA fined the controller $300 under Article 58(2)(d) GDPR and ordered that the cameras be removed or reoriented so that they no longer filmed public locations within 30 days.

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English Machine Translation of the Decision

The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.