Mrs XX - natural person – Violation Found (Italy, 2023)
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.
An Italian woman installed a surveillance system that recorded a public playground and square near her home. The data protection authority investigated and found issues with how the surveillance was set up. This case highlights the importance of respecting privacy when using surveillance cameras in residential areas.
What happened
The Italian data protection authority investigated a woman for installing a surveillance system that recorded public areas without proper oversight.
Who was affected
People in the nearby playground and public square who were recorded by the surveillance system were affected.
What the authority found
The authority found that the woman did not follow proper data protection rules regarding the surveillance of public spaces.
Why this matters
This case emphasizes that individuals must be careful when using surveillance systems to avoid infringing on others' privacy. It serves as a reminder for homeowners to understand the legal implications of monitoring public areas.
GDPR Articles Cited
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National Law Articles
On 6 July 2021, a station of the Italian Carabinieri reported to the DPA that the private party in this proceeding (the controller), installed a surveillance system on the external wall of her property. Reportedly, the surveillance system in question was recording the public area in front of the controller’s property, including a nearby playground and a public square. Pursuant to [https://www.garanteprivacy.it/documents/10160/0/Codice+in+materia+di+protezione+dei+dati+personali+%28Testo+coordinato%29 Article 157 of the Italian Privacy Code], the DPA opened a preliminary investigation. During the investigation carried out on 2 March 2023, the DPA noted that the video surveillance system was made up of two recording devices. The first camera, a 360-degree camera, was active and could record images as well as audio and speak through the microphone. The camera was positioned right above the entrance door, and the controller controlled the camera through a smartphone application. The second camera was connected but not active, and it was looking over the driveway that leads to the entrance of the building. In relation to the viewing angle of the cameras, the controller declared that the first camera, due to its characteristics, could also frame part of the nearby playground, although it was not in her interest to do so. She further clarified that the video surveillance had been installed due to incidents of damage or explicit threats received and that she wanted to utilise the footage for the purpose of lodging complaints. On 15 June 2023, the controller took measures to replace the first camera with a fixed camera model pointed only towards the entrance of her property to bring the processing in compliance with the GDPR. In the outcome of the investigation, the DPA first considered whether the GDPR applied to the data processing carried out by the controller. In principle, under Article 2(2)(c) GDPR, the use of video surveillance systems by natural persons in their p
Outcome
Violation Found
The DPA found a violation but did not impose a fine.
Related Enforcement Actions (0)
No other enforcement actions found for Mrs XX - natural person in IT
This is the only recorded action for this entity in this jurisdiction.
Details
Decision Date
12 October 2023
Authority
Garante per la protezione dei dati personali
GDPRhub ID
gdprhub-6561About this data
Cite as: Cookie Fines. Mrs XX - natural person - Italy (2023). Retrieved from cookiefines.eu
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