AEPD (Spain) - PS/00427/2018
| AEPD - PS/00427/2018 | |
|---|---|
 | |
| Authority: | AEPD (Spain) |
| Jurisdiction: | Spain |
| Relevant Law: | Article 5(1)(c) GDPR Article 83(5)(a) GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | n/a |
| Published: | 10. 2.2020 |
| Fine: | 1.500 € |
| Parties: | Anoymous Vs. cafetaria Nagasaki |
| National Case Number/Name: | PS/00427/2018 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Spanish |
| Original Source: | AEPD (in es) |
| Initial Contributor: | n/a |
The AEPD imposed a 1.000 € fine for a fake ad containing personal data in a website site aimed at offering services for adults, without the consent of the data subject.
English Summary
Facts
A citizen filed a complaint with the AEPD against the cafeteria Nagasaki for collecting, recording and storing personal data by the mean of surveillance cameras placed in a public space.
Following the complaint, the APED agreed to investigate the matter against the establishment – the data controller – for the alleged violation of Article 5(1)(c) GDPR, the data minimisation principle, pursuant to Article 83(5)(a) GDPR. Thereafter, the AEPD proposed a fine of 1.500 euros against the data controller for a violation of the data minimisation principle.
The defendant argued that the surveillance cameras was placed outside its establishment for security reasons. In addition, it claimed that the surveillance system was set up to comply with a mandatory regularity provision. However, it is not clear from the facts that the surveillance system implemented complies with the regulation in force given the distance of the cameras. Lastly, the defendant request to dismiss the action on the basis of the violation of his right to defense and its presumption of innocence.
Dispute
The issue was whether the use of surveillance cameras recording personal data of pedestrian was justified and proportionate.
Holding
First, the APED decided there were no violation of the right to presumption or innocence, neither of the right to a fair trial and that the procedure should continue. Indeed, it pointed out that the defendant had the opportunity to provide for evidence regarding the surveillance video system and it did not provide for any.
Also, the AEPD considered that the surveillance cameras affected the rights of any passengers taking the side walk which was recorded by the cameras. It pointed out that the processing of personal data in public spaces could be carried out only by the public forces. Otherwise, the recording of public spaces by private entities has to be essential for the purpose of surveillance that is intended, or it is impossible to avoid it because of the location of those. In any case, any processing of data that is unnecessary for the intended purpose must be avoided. It concluded that the defendant did not succeed to justified the use of surveillance cameras.
Consequently, the APED decided to issue a fine of 1.500 € for the violation of the principle of data minimisation.
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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.
to be completed
