AEPD (Spain) - EXP202211775: Difference between revisions

From GDPRhub
No edit summary
Line 67: Line 67:


=== Holding ===
=== Holding ===
The lack of communication and community permission, according to the Spanish DPA, violated [[Article 6 GDPR|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 GDPR|Article 58(2)(d) GDPR]] and ordered that the cameras be removed or reoriented so that they no longer photographed public locations within 30 days.
The lack of communication and community permission, according to the Spanish DPA, violated [[Article 6 GDPR|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 GDPR|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.


== Comment ==
== Comment ==

Revision as of 14:15, 5 September 2023

AEPD - PS-00060-2023
LogoES.jpg
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.

Comment

Share your comments here!

Further Resources

Share blogs or news articles here!

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.