Unauthorized recording on toilet facility
As a result of a tip from the provincial police directorate, the data protection authority discovered that the operator of a public toilet facility had been operating a covertly installed video camera in one of the toilet cubicles. The camera was used for nine to twelve hours on three different days between June 1, 2020 and July 31, 2020 and set up in different positions. The angle of exposure mainly covered the intimate area of the subject, but also the entire body including the face. The data subjects were not informed about the recordings, including a minor.
Although the operator justified the installation of the camera with a “technical interest”, he admitted that he had chosen the place of recording due to a “certain attraction of the illicit”. The recorded videos were saved and deleted by the fine recipient after inspection.
Art des Verstoßes:
Illegal data collection
Waren sensible Daten betroffen?:
Violation of GDPR Paragraph:
12. Transparent information, communication and modalities for the exercise of the rights of the data subject
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