HDPA (Greece) - 4/15-12-2022
| HDPA - 4/15-12-2022 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 5 GDPR Article 6 GDPR Article 7 of European Charter of Fundamental Rights Article 8 of European Convention on Human Rights Article 8 of European Charter of Fundamental Rights Article 9 of Greek Constitution Article 9A of Greek Constitution |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | 08.06.2022 |
| Decided: | 15.12.2022 |
| Published: | 15.12.2022 |
| Fine: | n/a |
| Parties: | n/a |
| National Case Number/Name: | 4/15-12-2022 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | [[:Category:|]] [[Category:]] |
| Original Source: | [ (in )] |
| Initial Contributor: | Anastasia Tsermenidou |
The Greek DPA found the installation of a video surveillance system in an apartment building, against a decision of the general assembly of owners, to be unlawful.
English Summary
Facts
This case concerns a complaint filed by an individual (the data subject), against another person living in the same block of apartments (the controller). The controller had installed a video surveillance system in the pilot (basement) of an apartment building, for the purpose of monitoring and protecting their car.
At a general Assembly meeting on 12 June 2017, all of the co-owners in the apartment block had consented to the installation of the cameras and declared that they wished to have access to the system. Following complaints that such access was not afforded to the co-owners, another meeting was held on 21 June 2022 where they decided to remove the cameras.
Subsequently, the data subject filed a complaint with the Greek DPA, alleging that the processing of personal data through the surveillance camera, which captured the other residents moving throughout the building, in the absence of collective consent from the other co-owners, was unlawful.
Responding to the complaint, the controller stated that the other owners had consented to the installation, and had not been denied access to the surveillance system, but access to the camera required some technical support, the cost of which the controller asked the other co-owners to bear.
Holding
The Greek DPA found that, following the meeting oif the General Assembly, the co-owners withdrew their consent for the contunied operation for eh surveiallance camera and requested its immediate removal. Therefore, it is clear that the continued processing of personal data is unlawful in accordance with Article 6(1)(a) GDPR. The DPA also noted that none of the other lawful bases in the Article 6(1) GDPR could apply in this situation
The DPA issued a compliance order for the above violation ordering the controller to, within 15 days of receipt of the decision, stop processing through the surveillance camera and inform the authority of the above actions.
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English Machine Translation of the Decision
The decision below is a machine translation of the original. Please refer to the original for more details.
