HDPA (Greece) - 50/2022

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HDPA - Decision 50/2022
LogoGR.jpg
Authority: HDPA (Greece)
Jurisdiction: Greece
Relevant Law: Article 5(1)(b) GDPR
Article 5(1)(a) GDPR
Article 5(2) GDPR
Article 6(1)(f) GDPR
Article 12 GDPR
Article 13 GDPR
Article 30 GDPR
Guidelines 3/2019 on processing of personal data through video devices
Law 4624/2019
Type: Complaint
Outcome: Upheld
Started:
Decided: 09.09.2022
Published: 09.09.2022
Fine: 15.000 EUR
Parties: Private school
Individual-Ex-employee
National Case Number/Name: Decision 50/2022
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Greek
Original Source: Hellenic DPA (in EL)
Initial Contributor: Anastasia Tsermenidou

The Authority held that surveillance systems should be before installation be based on documented legitimacy of the processing decisions and that the controller should always considers the necessity and the proportionality of the purpose.

English Summary

Facts

The Authority examined the legality of the operation of a video surveillance system in a private educational establishment, following a complaint by a former employee. The evidence submitted showed that the video surveillance system did not fulfil the conditions of legality. In particular, violations of Articles 5(5)(a) and (b) were found. 1(a), 5 par. 1(b) and 5 par. 2, and Articles 6, 12, 13 and 30 of the GDPR, since the controller should always carefully consider whether this measure is, in the first place, appropriate to achieve the desired objective and, secondly, adequate and necessary to achieve its purposes. The Authority imposed an administrative fine of EUR 15 000 on the controller and ordered it to uninstall the cameras and to inform the Authority in writing.

Holding

The Authority instruct the private school as controller to within one (1) month of the receipt of this notice, to uninstall the cameras and to inform the Authority in writing. Moreover, the Authority order the complainant company to pay the effective, proportionate and dissuasive administrative fine appropriate in the particular case, in accordance with the specific circumstances of the case, amounting to fifteen thousand (EUR 15 000,00).

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English Machine Translation of the Decision

The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.