Germany Germany

Medical clinic

GDPR enforcement action by Data Protection Authority of Berlin on 2021.

Case details

Authority
Data Protection Authority of Berlin
Date
2021
Controller / Processor
Medical clinic
Sector
Health Care
Quoted Articles
Art. 5 GDPR, Art. 6 GDPR
Type of violation
Insufficient legal basis for data processing

Summary

The DPA from Berlin has imposed a fine on a medical clinic. The clinic had installed 21 cameras in its premises for the purpose of protection against crime and property damage. This made it possible to monitor employees and patients around the clock. The clinic relied on consent given by employees and information signs as the legal basis for the video surveillance. However, the DPA concluded that the clinic could not base the video surveillance on consent, as voluntary consent in the employee-employer relationship is questionable. Also, clearly visible notices of the video surveillance do not allow the conclusion that the patients, by entering the monitored premises, legally express their consent to the observation. The DPA could not find any other evidence that would justify such extensive video surveillance of the clinic.

Open original source Links to the regulator's original publication or another source.

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