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Editing AEPD (Spain) - PS/00261/2020

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Additionally, the AEPD noted that one of the system's cameras were pointing to the door of the employees' resting room, in order to control access to it. However, the camera also recorded images of part of the room itself, including a table and two chairs, a bulletin board, and two vending machines.  
 
Additionally, the AEPD noted that one of the system's cameras were pointing to the door of the employees' resting room, in order to control access to it. However, the camera also recorded images of part of the room itself, including a table and two chairs, a bulletin board, and two vending machines.  
 
=== Holding ===
 
=== Holding ===
The AEPD concluded, in the first place, that even if there might had been an infringement in the storage of the images for more than a year, the violation was already prescribed, according to the [https://www.boe.es/buscar/act.php?id=BOE-A-1999-23750 former Spanish Data Protection Act], as more than two years had passed since the moment in which the controller handled the images to the court.  
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The AEPD concluded, in the first place, that even if there might had been an infringement in storing the images for more than a year, the violation was already prescribed, according to the [https://www.boe.es/buscar/act.php?id=BOE-A-1999-23750 former Spanish Data Protection Act], as more than two years had passed since the moment in which the controller handled the images to the court.  
  
 
On the other hand, the AEPD found that the controller had violated Article 5(1)(c) GDPR when recording part of the employees' resting room. Even if the [https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430 Spanish Workers' Statute] allows under its Article 20(3) the employer to use different methods of control and surveillance, the [https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673 Spanish Data Protection Act] regulates the use of videocameras in the workplace. Its Article 89 allows for the use of videocameras, but specifically prohibits the recording of images of resting places for employees.  
 
On the other hand, the AEPD found that the controller had violated Article 5(1)(c) GDPR when recording part of the employees' resting room. Even if the [https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430 Spanish Workers' Statute] allows under its Article 20(3) the employer to use different methods of control and surveillance, the [https://www.boe.es/buscar/act.php?id=BOE-A-2018-16673 Spanish Data Protection Act] regulates the use of videocameras in the workplace. Its Article 89 allows for the use of videocameras, but specifically prohibits the recording of images of resting places for employees.  

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