AEPD - PS/00454/2019
|AEPD - PS/00454/2019|
|Relevant Law:||Article 5(1)(c) GDPR|
|Parties:||Spanish citizen (AAA)|
Spanish citizen (BBB)
|National Case Number/Name:||PS/00454/2019|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
|Initial Contributor:||Miguel Garrido de Vega|
1 June 2020 - The Spanish Data Protection Agency (AEPD) decided to impose a minor warning on a Spanish citizen (the defendant) for the non-adequate installation of a video surveillance system allegedly pointing to the common swimming pool of the housing association, and the consequent infringement of the data minimisation principle related, as per Article 5(1)(c) GDPR.
The decision is the consequence of a complaint submitted by another Spanish citizen stating that the defendant has installed a video surveillance system allegedly pointing to the common swimming pool of the housing association; such complaint included pictures proving that the video surveillance system was installed.
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 information obligations, but they shall preferably record their own domicile, avoiding to intimidate adjacent neighbours, and never recording freely the whole public road (such activity is reserved for the Spanish law enforcement agents).
Thus, the AEPD understood that the video surveillance system may have infringed the data minimisation principle and, after considering some circumstances [(i) the defendant is a natural person, and (ii) there is no evidence of the actual images recorded by the video surveillance system], it decided to impose a minor warning to the defendant. The AEPD also requires the defendant (i) to prove the actual images recorded by the video surveillance system, (ii) to prove the reason for the installation of the video surveillance system and (iii) to include the corresponding information poster in a visible area. Additionally, the AEPD also reminds that, in case the defendant does not comply with these requirements, this could lead to an economic sanction procedure due to a serious breach of the 73(o) of Spanish Data Protection Law (LOPDGDD).
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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.