AEPD (Spain) - PS/00293/2019

AEPD - PS/00293/2019
Authority:	AEPD (Spain)
Jurisdiction:	Spain
Relevant Law:	Article 5(1)(c) GDPR
Type:	Complaint
Outcome:	Upheld
Started:
Decided:
Published:
Fine:	4.000 EUR
Parties:	n/a
National Case Number/Name:	PS/00293/2019
European Case Law Identifier:	n/a
Appeal:	n/a
Original Language(s):	Spanish
Original Source:	AEPD (in ES) (in ES)
Initial Contributor:	n/a

The Spanish Data Protection Agency (AEPD) decided to impose a fine up to 4,000 € on a Spanish citizen (the defendant) for the non-adequate installation of a video surveillance system and the infringement of the data minimisation principle related, as per Article 5(1)(c) GDPR.

English Summary

Facts

The decision is the consequence of a complaint submitted by the Spanish local police stating that the defendant has installed a video surveillance system on the façade of her domicile that, not only records freely the public road, but neither it includes any kind of information poster; such complaint included pictures proving that the video surveillance system was installed in the main façade of the domicile. Besides, the Spanish local police states that the domicile in which the video surveillance system is installed is used by the defendant for the illicit traffic of narcotic drugs and substances.

Dispute

The defendant did not answer to any AEPD investigation requests, so the AEPD started the corresponding sanction procedure. The AEPD highlighted that private individuals can install video surveillance systems as long as they comply with the corresponding obligations, but they can only record the main access of their domicile, and never freely record the whole public record (such activity is reserved for the Spanish law enforcement agents).

Holding

Thus, the AEPD understood that not only the video surveillance system is illegal, but also it has infringed the data minimisation principle and, after considering some circumstances [(i) the surveillance system is recording the public road without just cause, (ii) there is intentionality, as the defendant is using the surveillance system to prevent police raids, (iii) the defendant is a natural person, (iv) there is no evidence of the income level of the defendant and (v) the defendant has been already warned by the police of the unlawfulness of such video surveillance system], it decided to impose a fine of 4,000 € to the defendant. The AEPD also requires the defendant to uninstall the video surveillance system or to prove that, from now on, it only records the allowed portion of public road necessary in order to protect only the access to the domicile. Additionally, the AEPD also reminds that, in case the defendant does not comply with these requirements, this could lead to new investigation and sanction procedures.

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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.

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