# SERGEJS BUIVIDS v. THE AUGSTĀKĀ TIESA

- Type: Case Law
- Source: CJEU
- Date: 2019-02-14
- Original: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0345&ref=6131
- Canonical: https://overview.legal/posts/6131
- Topics: Minors, Law Enforcement

## Summary

Right to Privacy: In the present case, it “cannot be ruled out that the recording and publication of the video in question, which took place without the persons concerned being informed of the recording and its purposes, constitutes an interference with the fundamental right to privacy of those persons, namely the police officers featured in that video.” (¶67) The jurisprudence of the European Court of Human Rights on Article 8(1) of the Convention for the Protection of Human Rights and Fundamen

## Full text

## Court Summary

Right to Privacy: In the present case, it “cannot be ruled out that the recording and publication of the video in question, which took place without the persons concerned being informed of the recording and its purposes, constitutes an interference with the fundamental right to privacy of those persons, namely the police officers featured in that video.” (¶67) The jurisprudence of the European Court of Human Rights on Article 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be relevant to determine the balance between the right to privacy and the right to freedom of expression.

## Excerpt

67      In the present case, it is apparent from the documents submitted to the Court that it cannot be ruled out that the recording and publication of the video in question, which took place without the persons concerned being informed of the recording and its purposes, constitutes an interference with the fundamental right to privacy of those persons, namely the police officers featured in that video.

## Cited law provisions (1)

### GDPR — gdpr-art-8-par-1-en

Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

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