Persónuvernd (Iceland) - 2021010073
|Persónuvernd (Iceland) - 2021010073
|Article 2(2)(c) GDPR
Article 6(1)(f) GDPR
|National Case Number/Name:
|European Case Law Identifier:
|Icelandic DPA (in IS)
The Icelandic DPA issued an injunction against a private individual to stop monitoring some shared and public areas around a multi-family house through video surveillance cameras, and to delete all the recorded material.
English Summary[edit | edit source]
Facts[edit | edit source]
A private individual (the Complainant) filed a complaint with the Icelandic DPA on the ground that the Complainant's neighbor, who lived on the upper floor of the same house, had installed three surveillance cameras for monitoring the house and its surroundings. In particular, the field of vision of these cameras covered the common garden of the house, the Complainant's car park, the surrounding plots, as well as the street and sidewalk in front of the house. The Complainant argued that the processing of personal data through those surveillance cameras was not complying with the applicable data protection law.
Holding[edit | edit source]
The Icelandic DPA first recalled that the monitoring of a private property via surveillance cameras could fall outside of the scope of the GDPR in line with Article 2(2)(c) GDPR (i.e. processing of personal data "by a natural person in the course of a purely personal or household activity"). In the case at hand, however, the field of vision of the three cameras covered some shared areas (such as the common garden of the house) and some public areas (such as the sidewalk in front of the house). As a consequence, the processing of personal data was not covered by the household exemption set in Article 2(2)(c) GDPR, and had to comply with the rules and principles of the GDPR.
The Icelandic DPA then considered whether such processing could be justified on the basis of Article 6(1)(f) GDPR (i.e. processing is "necessary for the purposes of the legitimate interests pursued by the controller (...), except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject (...)). After balancing the legitimate interest of the neighbor to monitor the shared property with the right and freedoms of the Complainant, as well as any other individuals who could have been filmed by those cameras, the Icelandic DPA concluded that the neighbor had failed to demonstrate the need to monitor the covered areas. As a consequences, the Icelandic DPA considered that the processing of personal data through the surveillance cameras was unlawful.
In view of the above, the Icelandic DPA issued an injunction against the neighbor to stop the electronic monitoring of these areas, to delete all the recorded material, and to confirm that these instructions had been followed no later than 26 November 2021.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Icelandic original. Please refer to the Icelandic original for more details.