AZOP (Croatia) - HR - DPA - Video Surveillance 2023-08-11
From GDPRhub
| AZOP - HR - DPA - Video Surveillance 2023-08-11 | |
|---|---|
 | |
| Authority: | AZOP (Croatia) |
| Jurisdiction: | Croatia |
| Relevant Law: | Article 32(1) GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | |
| Published: | |
| Fine: | n/a |
| Parties: | the property owner AZOP |
| National Case Number/Name: | HR - DPA - Video Surveillance 2023-08-11 |
| European Case Law Identifier: | HR - DPA - Video Surveillance 2023-08-11 |
| Appeal: | n/a |
| Original Language(s): | Croatian |
| Original Source: | AZOP (in HR) |
| Initial Contributor: | Lejla Rizvanovik |
AZOP vs. property owner for excessive public area surveillance under Article 32 GDPR, requiring camera angle adjustment, data deletion, and compliance proof within 15 days.
English Summary
Facts
The complainant alleged that the owner had installed two surveillance cameras on metal poles at their residential property.
The cameras captured areas including properties owned by the complainant and their father, as well as parts of a public pathway used by others.
Following an inspection, the agency confirmed that the cameras were positioned to monitor the public pathway excessively. The findings were documented in a report dated 11 August 2021.
Holding
The AZOP determined that the surveillance system violated Article 32 GDPR because monitoring public areas is permissible only for public authorities or other authorized entities, and only when legally mandated and strictly necessary.
The agency ordered the owner to: Adjust the camera angles to ensure that public areas were no longer monitored beyond what was necessary for property protection and delete all recordings obtained unlawfully.
The owner was given 15 days to comply and instructed to provide proof of compliance, including photographs of the adjusted camera views and evidence of deleted recordings.
The decision specified that no appeal was allowed but permitted the initiation of an administrative dispute before the Administrative Court within 30 days.
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English Machine Translation of the Decision
The decision below is a machine translation of the Croatian original. Please refer to the Croatian original for more details.
REPUBLIC OF CROATIA
PERSONAL DATA PROTECTION
CLASS:
NUMBER:
Zagreb, 04 July 2022
Personal Data Protection Agency pursuant to Article 57(1) and 58(1)
of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJEU L119 (hereinafter: the General Regulation), Article 34. and Article 36 of the Act implementing the General Data Protection Regulation
(Official Gazette, No. 42/2018) and Article 96 of the Act on General Administrative Procedure
(Official Gazette, No. 47/09, 110/21), hereby issues the following
DECISION
1. It is established that the video surveillance cameras installed by person x, on metal
poles at address xy, which excessively encroach on a public area/
road classified as "public good roads and waterways x", contrary to Article 32 of the Act implementing
the General Data Protection Regulation.
2. Person x (the owner) is ordered to adjust the angle of coverage of the video surveillance cameras described
in point 1 of this sentence in such a way that they do not affect the public surface/path classified as "public
well roads and water of the city x“ to an excessive extent that is not necessary for the protection of property
person x.
3. Person x is ordered to securely delete (destroy) the recordings made
video surveillance cameras that were collected without a valid legal basis to the contrary
provisions of Article 32, paragraph 1 of the Act on the Implementation of the General Data Protection Regulation.
4. A deadline of 15 days is set for action according to points 2 and 3 of the sentence, and person x is ordered
that we informed this Agency by attaching evidence in the form of surveillance photos
monitors from which it is evident that there are no available videos, photos
surveillance monitor, from which the settings of the cameras in question can be seen.
R e p o n t i o n
1The Personal Data Protection Agency (hereinafter: the Agency) has received a request for establishing a violation of the applicant's right to personal data protection, in which the applicant essentially states that at the address xy, person x (owner) has installed two cameras on metal
poles that are directed towards real estate owned by the applicant and his father and towards the road used by other citizens, stating that this has directly
infringed his rights to personal data protection.
Acting on the request for establishing a violation of the applicant's right to personal data protection
the request for which the case CLASS: was opened, and based on the letter of the Ministry of Interior, Primorsko-Goranska Police Department, I. PP Rijeka No.: dated 29.06.2021. upon which a case was opened for official action CLASS:, The Agency carried out competent action at the address xy, Rijeka, on which a report CLASS: NUMBER: was drawn up on 11 August 2021. Upon inspection of the coverage of the cameras of the video surveillance system in question, it was determined that their recording angle includes, in addition to cadastral parcel 001 and cadastral parcel 002, the public area/road on cadastral parcel no. 003 classified
as "public good roads and waters x" which is contrary to Article 32 of the Act on the Implementation of the General Data Protection Regulation
Further to the above, we would like to point out that since 25 May 2018, Regulation (EU) 2016/679
of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation) OJ EU L119 has been directly applicable in all Member States
of the European Union, including the Republic of Croatia.
The Act on the Implementation of the General Data Protection Regulation (Official Gazette, No. 42/18) regulates the processing of personal data through video surveillance, and Article 25 stipulates that video surveillance, within the meaning of the provisions of the Act, refers to the collection and further processing of personal data, which includes the creation of a recording that constitutes or is intended to constitute part of a storage system. Unless otherwise provided by another law, the provisions of the Act on the Implementation of the General Data Protection Regulation shall apply to the processing of personal data through video surveillance systems. Article 26 of the said Act stipulates that the processing of personal data through video surveillance may be carried out only for a purpose that is necessary and justified for the protection of persons and property, unless the interests of the data subjects that conflict with the processing of data through video surveillance prevail. Video surveillance may cover premises, parts of premises, the external surface of a building, as well as the interior of public transport, the surveillance of which is necessary to achieve the purpose referred to in paragraph 1 of this Article. Article 32. Paragraph 1 of the aforementioned Act stipulates that the monitoring of public areas by means of video surveillance is permitted only to public authorities, legal entities with public authorities and legal entities performing public service, only if prescribed by law, if it is necessary for the performance of the tasks and tasks of the public authority or for the protection of life and health of people and property.
2Following the above, and based on the collected evidence and the determination of the factual situation in this
administrative matter, it has been established that the owner of the residential building at the address xy, has installed a
video surveillance system consisting of a recorder/storage device and video surveillance cameras that are installed on metal poles on cadastral plot no. 001 and cadastral plot no. 002 and that their recording angle
excessively covers the public area/road no. 003classified as "public good roads and waterworks
of the city of x" which is contrary to Article 32 of the Act on the Implementation of the General Data Protection Regulation.
Based on the above, it was necessary to act as in the operative part of the decision.
INSTRUCTION ON LEGAL REMEDY
No appeal is allowed against this decision, but an administrative dispute may be initiated before
the Administrative Court in the city of x within 30 days from the date of delivery of the decision.
DEPUTY DIRECTOR
Igor Vulje
3
