Austria

Private person

2,200 €

GDPR enforcement action by Austrian Data Protection Authority (dsb) on 2018-12-20.

Rank · Sector

#117

of 351 in Individuals and Private Associations

Rank · Austria

#26

of 38

Rank · All fines

#2,207

of 3,050

Case details

Authority: Austrian Data Protection Authority (dsb)
Date: 2018-12-20
Controller / Processor: Private person
Sector: Individuals and Private Associations
Quoted Articles: Art. 5 (1) a) GDPR, Art. 5 (1) c) GDPR, Art. 6 (1) GDPR, Art. 13 GDPR
Type of violation: Insufficient legal basis for data processing

Summary

The fine was imposed against a private person who was using CCTV at his home. The video surveillance covered areas which are intended for the general use of the residents of the multi-party residential complex, namely: parking lots, sidewalks, courtyard, garden and access areas to the residential complex; in addition, the video surveillance covered garden areas of an adjacent property. The video surveillance subject of the proceedings is therefore not limited to areas which are under the exclusive power of control of the controller. Video surveillance is therefore not proportionate to the purpose and not limited to what is necessary. The video surveillance records the hallway of the house and films residents entering and leaving the surrounding apartments, thereby intervening in their highly personal areas of life without the consent to record their image data. The video surveillance was not properly indicated.

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