View source for KR - Mål nr 1552-22

=== Holding ===
Kammarrätten first took at textual approach to article 12-14 GDPR. Article 13 states that if personal data 
relating to a data subject is collected from the data subject, the controller shall, when the personal data are obtained, provide certain  information to the data subject, while Article 14 specifies the information that  shall be provided if the personal data have not been obtained from the  data subject. 

The first question Kammarrätten must consider is whether the collection of  personal data by means of a body-worn camera is to be regarded as the data is collected from the data subject.

Kammarrätten notes two different sources: 
1)  The Article 29 Working Party, now the European Data Protection Board, has in its  guidelines on transparency under the GDPR adopted on  29 November 2017, stated that personal data to be considered as  obtained from data subjects includes data obtained through  observation by means of cameras, for example (p. 26) and that Article 13 is thus 
applicable.

2) The Court noted that the European Court of Justice in a judgment of 11 December 2014  concerning camera surveillance carried out by a private individual (C-212/13,  EU:C:2014:2428) indicated as applicable law, inter alia, the provision that  now found in Article 14 of the General Data Protection Regulation. The case concerned a fixed camera filming, inter alia, a public road.

The Case-law from the EU indicated that it's in fact article 14 GDPR which is the appropriate article to consider in this scenario. The wording of Article 13 - "collected from the data subject" - suggests that that some kind of deliberate action by the  data subject for the personal data to be regarded as having been collected from him. This cannot be considered to be the case when personal data are collected by means of  the body-worn cameras in question. Kammarrätten therefore considered that 
the wording of the provision, taken together with the ruling of the European Court of Justice, suggests that Article 13 is not applicable.