Private Person – €5,000 Fine (Spain, 2021)

€5,000Agencia Española de Protección de Datos8 February 2021Spain
final
Fine

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A private individual in Spain was fined for installing a video camera that recorded more than just the entrance of an apartment. This is significant because it shows that even in private spaces, surveillance must respect others' privacy. The Spanish Data Protection Authority decided this was an unjustified invasion of privacy.

What happened

A private person installed a camera that recorded parts of an apartment beyond the entrance, invading privacy.

Who was affected

Tenants renting rooms in the apartment who were recorded by the camera.

What the authority found

The Spanish Data Protection Authority determined that the camera's placement was an unjustified invasion of privacy, violating data protection rules.

Why this matters

This case underscores the importance of respecting privacy even in shared living spaces. Individuals should ensure that surveillance devices do not overreach into private areas to avoid legal consequences.

GDPR Articles Cited

Art. 5(1)(c) GDPR
Full Legal Summary
Detailed

The Spanish DPA (AEPD) fined a private individual EUR 5,000 for illegal camera surveillance. The data subject had rented two rooms in the apartment of the controller. The controller had installed a video camera in the apartment and stated that it was installed exclusively for security purposes and also only monitored the area of the entrance door. However, it turned out that the camera was oriented in such a way that it also recorded other parts of the apartment, such as the living room. The Spanish DPA states that this constitutes an unjustified invasion of the privacy of the data subject.

Details

Fine Date

8 February 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€5,000

Enforcement Tracker ID

ETid-547

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Private Person - Spain (2021). Retrieved from cookiefines.eu

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