Court case Us I-4570/2023-5 – Court Ruling (Croatia, 2026)

The DPA had found that the controller had infringed Article 27 ZPOUZP by using CCTV inside and outside its premises without displaying a video-surveillance notice at the latest upon entry into the recording perimeter. ZPOUZP is the Croatian Act on the Implementation of the GDPR. Article 27 of this Act specifically regulates processing of personal data via video surveillance.The contested decision had further found that the controller had failed to display all relevant information required under Article 27(2) ZPOUZP, namely information about the controller and contact details through which data subjects could exercise their rights. The DPA imposed a fine €3,500 to the controller. The controller appealed this decision before the Administrative Court of Zagreb. The controller contested the legality of the DPA’s decision and requested its annulment. It argued that, as the DPA itself had acknowledged, there were several notices informing data subjects of the existence of video surveillance in the area. Therefore, according to the controller, it was incorrect to conclude that the notices were not visible upon entry into the recording perimeter. Regarding the contact point through which data subjects could exercise their rights, the controller further argued that it had clearly and sufficiently indicated that another entity, acting as processor, had been entrusted with the processing of the relevant personal data on its behalf. It pointed out that the processor’s phone number and email address had been provided. The DPA argued that it had correctly applied the law to the facts of the case. It acknowledged that several CCTV notices existed, but emphasised that the indication that the building was under video surveillance had to be visible no later than upon entry into the recording perimeter. In the controller’s case, the DPA considered that the first video-surveillance notice had been placed in such a way that data subjects would already be within a camera’s field of view