IP - 07121-1/2020/2166

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IP - 07121-1/2020/2166
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Authority: IP (Slovenia)
Jurisdiction: Slovenia
Relevant Law:
Article 76(1) ZVOP
Article 74(1) ZVOP
Type: Advisory Opinion
Outcome: n/a
Decided: 04.12.2020
Published:
Fine: None
Parties: n/a
National Case Number/Name: 07121-1/2020/2166
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Slovenian
Original Source: IP (in SL)
Initial Contributor: n/a

The DPA issued an opinion on video surveillance in an apartment building with three separate entrances. It is necessary to obtain consent from all the co-owners of the building, unless they regulated their mutual relations in such a way that the parts with separate entrances represent independent condominium property.

English Summary[edit | edit source]

Facts[edit | edit source]

The DPA received a request for an opinion on video surveillance in an apartment building with three separate entrances. The apartment owners from one of the entrances have expressed a desire to install video surveillance due to the increasingly severe vandalism in the building. The house manager asked whether in this case, when there are three separate entrances to the building, it is necessary to obtain the consent of all apartment owners or only from those of the entrance where video surveillance would be installed?


Dispute[edit | edit source]

In case where there are three separate entrances to a building, is it necessary to obtain the consent of all apartment owners to install video surveillance system in one of the entrance?

Holding[edit | edit source]

The DPA stated that video surveillance in a multi-apartment building must be carried out in accordance with Article 76 of ZVOP-1. The introduction of video surveillance in a multi-apartment building requires the written consent of the co-owners who own more than 70 percent of the co-ownership shares. Video surveillance can be introduced in a multi-apartment building only when it is necessary for the safety of people and property. With video surveillance in a multi-apartment building, only access to the entrances and exits of multi-apartment buildings and their common areas can be controlled. It is forbidden to carry out video surveillance of the caretaker's apartment and the caretaker's workshop and to record the entrances to individual apartments. Furthermore, it is expressly prohibited to enable or carry out real-time or subsequent viewing of recordings of a video surveillance system via internal cable television, public cable television, the Internet or by any other telecommunication means capable of transmitting such recordings.

Additionally, the DPA pointed out that the house manager must comply with the obligations arising from Article 74 of ZVOP-1, namely to publish a notice on the implementation of video surveillance. Appropriate technical and organizational measures for the protection of personal data must also be taken in accordance with Articles 24, 25 and 32 of the General Regulation and the fifth paragraph of Article 74 of ZVOP-1, e.g. regarding the protection of the video surveillance system against access by unauthorized persons, access to the premises where the videos are kept, a reasonable retention period should be set, etc.

The DPA considered that according to the provision of Article 76 of ZVOP-1 it is necessary to obtain the prescribed consent of all co-owners who are in accordance with the provisions of the Real Property Code owners in the building. Insofar as the co-owners have regulated their mutual relations in accordance with the SPZ in such a way that the parts with separate entrances represent independent condominium property, then the DPA in principle considered that the consent of only the owners of this individual entrance can be obtained. However, if all three parts (addresses) are registered in the land register as a single condominium, the DPA believes that in accordance with the provision of Article 76 of ZVOP-1, the prescribed consent of the co-owners of all entrances must be obtained.

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English Machine Translation of the Decision[edit | edit source]

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

The Information Commissioner (hereinafter IP) received your request for an opinion on video surveillance in a multi-apartment building by e-mail. You stated that you are the manager of a building that has three separate entrances (three separate addresses). The apartment owners of one of the entrances have expressed a desire to install video surveillance due to the increasingly severe vandalism on the building.

You ask whether in this case, when there are three separate entrances to the building, it is necessary to obtain the consent of only the entrance, where video surveillance would be installed, or the consent of the floor owners of the other two entrances is also required?

***

On the basis of the information you have provided to us, hereinafter referred to as Article 58 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 Directive 95/46 / EC (hereinafter: the General Regulation), point 7 of the first paragraph of Article 49 of the Personal Data Protection Act (Official Gazette of the Republic of Slovenia, No. 94/07, official consolidated text, hereinafter ZVOP-1) and 2 Article of the Information Commissioner Act (Official Gazette of the Republic of Slovenia, No. 113/05, hereinafter ZInfP), we provide our non-binding opinion regarding your question.

The IP emphasizes that the IP cannot assess specific processing of personal data outside the inspection procedure or other administrative procedure. This means that the IP within the non-binding opinion can not comment on the merits or. the legality of the video surveillance you are describing, or it cannot define itself in relation to specific locations or points where video surveillance would be carried out. We can only give you general guidelines and recommendations.

Video surveillance in a multi-apartment building must be carried out in accordance with Article 76 of ZVOP-1. The introduction of video surveillance in a multi-apartment building requires the written consent of the co-owners, who own more than 70 percent of the co-ownership shares.. Video surveillance can be introduced in a multi-apartment building only when it is necessary for the safety of people and property. With video surveillance in a multi-apartment building, only access to the entrances and exits of multi-apartment buildings and their common areas can be controlled. It is forbidden to carry out video surveillance of the caretaker's apartment and the caretaker's workshop and to record the entrances to individual apartments. Furthermore, it is expressly prohibited to enable or carry out real-time or subsequent viewing of recordings of a video surveillance system via internal cable television, public cable television, the Internet or by any other telecommunication means capable of transmitting such recordings.

In addition, you must comply with the obligations arising from Article 74 of ZVOP-1, namely to publish a notice on the implementation of video surveillance. Appropriate technical and organizational measures for the protection of personal data must also be taken in accordance with Articles 24, 25 and 32 of the General Regulation and the fifth paragraph of Article 74 of ZVOP-1, e.g. regarding the protection of the video surveillance system against access by unauthorized persons, access to the premises where the videos are kept, a reasonable retention period should be set, etc.

We emphasize that the IP is not competent to give an authentic interpretation of the provisions of ZVOP-1, as this is the exclusive competence of the National Assembly of the Republic of Slovenia. However, IP considers that according to the provision of Article 76 of ZVOP-1 it is necessary to obtain the prescribed consent of all co-owners who are in accordance with the provisions of the Real Property Code (Official Gazette of the RS, no. 87/02, 91/13 and 23/20, hereinafter: SPZ) floor owners in the building. Insofar as the co-owners have regulated their mutual relations in accordance with the SPZ in such a way that the parts with separate entrances represent independent condominium property, then the IP in principle considers that the consent of only the owners of this individual entrance can be obtained. However, if all three parts (addresses) are registered in the land register as a single condominium, we believe that in accordance with the provision of Article 76 of ZVOP-1, the prescribed consent of the co-owners of all entrances must be obtained. At the same time, it should be borne in mindthat video surveillance may also cover other common parts of a multi-apartment building (eg various driveways, bicycle sheds, common basements), which are also jointly owned by other floor owners who do not use a separate entrance and such video surveillance could constitute excessive interference without their consent. their privacy.

You can read more information about video surveillance, including measures to protect personal data

on the IP website:

https://www.ip-rs.si/varstvo-osebnih-podatkov/obveznosti-upravljavcev/vzpostavitev-videonadzora/ .

Hoping that our instructions will help you, we welcome you.