IP - 07121-1/2020/305

From GDPRhub
IP - 07121-1/2020/305
LogoSI.png
Authority: IP (Slovenia)
Jurisdiction: Slovenia
Relevant Law: Article 74 and 76 ZVOP-1
Type: Advisory opinion
Outcome: Non-binding
Decided: 6. 3. 2020
Published: n/a
Fine: none
Parties: anonymous
National Case Number: 07121-1/2020/305
European Case Law Identifier: n/a
Appeal: n/a
Original Language:

Slovenian

Original Source: Informacijski Pooblascenec (SI)

The IP issues an opinion on the lawful installation and operation of video-surveillance systems. It stresses that the operators are the data controllers and the ones who must be able to prove the lawfulness of the system. According to national law, if the system is to be installed in an apartment complex, all owners of property must give their consent.

English Summary[edit | edit source]

Facts[edit | edit source]

The IP received a request to issue opinion on the installation and operation of video surveillance system.

Holding[edit | edit source]

The IP first acknowledges that it cannot issue a decision on a concrete case when the request regards the issue of opinion. It found that video surveillance is considered to be a major interference with the right to privacy, thus it should be limited to what is necessary and proportionate to the purpose that is set. It stresses that the operators of a system are the data controllers and the ones who must be able to prove the lawfulness of the system. According to the national law, if the system is to be installed in an apartment complex, all owners of property more that 70% must give their consent.

Comment[edit | edit source]

Share your comments here!

Further Resources[edit | edit source]

Share blogs or news articles here!

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

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

Date: 03/06/2020
Title: Installation of video surveillance system
Number: 07121-1 / 2020/305
Content: Video and audio controls
Legal act: Opinion

The IP makes it clear that the responsibility for legally establishing and implementing video surveillance is always on the data controller, who must also be able to prove it. Outside the inspection process, IP cannot make specific assessments as to whether the operator qualifies for the introduction and implementation of video surveillance, nor can it determine the specific locations or points where the system would be installed.

Video surveillance is, in itself, one of the most serious forms of interference with an individual's privacy, so it is appropriate that it is properly regulated and limited to what is necessary and proportionate to achieving the goals and purposes that video surveillance is intended to serve. In Slovenia, this is governed by the ZVOP-1, which in this section is still applicable to any other regulation even after the entry into force of the General Data Protection Regulation. Your request for IP indicates that you want to install video surveillance that targets the apartment building or part (s) thereof. IP explains that video surveillance in multifamily ZVOP-1 buildings is regulated in Article 76, where it lays down strict rules regarding its establishment and implementation. In accordance with the provision of the first paragraph of Article 76, the written consent of the owners who own more than 70 percent of the shares is required for the introduction of video surveillance in the multi-apartment building. Video surveillance can thus only be introduced in an apartment building when necessary for the safety of people and property. The purpose of establishing video surveillance is therefore clearly defined by law. Co-owners or condominium owners must therefore assess that there is a likelihood of endangering the life or body of individuals or the occurrence of property damage.

Video surveillance in an apartment building can only control access to the entrances and exits of apartment buildings and their common areas. It is forbidden to record entrances to individual dwellings with the video surveillance system.

The IP reminds that, in accordance with Article 74 of the PDPA-1, the public or private sector performing video surveillance must publish a notice. The notice must be prominently and clearly published in such a way as to enable the individual to become acquainted with its implementation at the latest when video surveillance begins. This applies not only to residents, but to all individuals who may be exposed to video surveillance, including visitors.

In addition, IP adds that the video surveillance system must always be protected from unauthorized access.More information about video surveillance is available in the IP guidelines published on the website:

https://www.ip-rs.si/fileadmin/user_upload/Pdf/smernice/Smernice_o_videonadzoru_web.pdf

IP has also issued a number of reviews on video surveillance in multifamily buildings, which are published on the IP website:

https://www.ip-rs.si/vop/

With respect.