Punishment for inadmissible video surveillance
A private person used video surveillance in a residential complex. However, the surveillance system also covered areas that where intended for general use of the residents and the general public. These areas included parking lots, sidewalks, the courtyard, the garden, access areas to the complex and even the garden areas of neighbors. He did not ask for the consent of the recorded persons, nor did he indicate the presence of the CCTV system correctly. The system also filmed residents in the hallways of the house and them leaving their apartments, so the surveillance system is considered intrusive into highly personal areas of life.
The video surveillance was not exclusive to areas, which are under the sole power of the controller. The CCTV is not limited to the minimum necessary amount of data. The GDPR forbids this use of surveillance systems. Therefore, the Data Protection Agency issued a fine of 2200€.
Sources: Austrian Data Protection Authority (German)
Art des Verstoßes:
Illegal data collection
Waren sensible Daten betroffen?:
Violation of GDPR Paragraph:
13. Information to be provided where personal data are collected from the data subject
5. Principles relating to personal data processing
6. Lawfulness of processing