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Enforcement
EN

Private person: Insufficient legal basis for data processing

€2,200 fine - Austrian Data Protection Authority (dsb)

€2,200 Fine
Private person
AUSTRIA
Insufficient legal basis for data processing

Content

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.

GDPR Articles: Art. 5 (1) a) GDPR, Art. 5 (1) c) GDPR, Art. 6 (1) GDPR, Art. 13 GDPR
Industry: Individuals and Private Associations