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DPA case 16/2020 – Violation Found (Belgium, 2020)

Violation Found
Autorité de Protection des Données20 April 2020Belgium
final
Violation Found

Privacy enforcement record

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Belgium's Autorité de Protection des Données found that a store filmed customers without proper notification. They ruled that the store failed to register its CCTV system as required by law. This case is significant because it shows that businesses must follow strict rules about surveillance to protect people's privacy.

What happened

The Belgian DPA found that a store did not declare its CCTV system as required by law.

Who was affected

Customers filmed by the store's CCTV system.

What the authority found

The authority determined that the store violated data protection laws by not registering its CCTV system and failing to provide necessary information.

Why this matters

This ruling emphasizes the importance of compliance with surveillance laws. Businesses using CCTV should ensure they meet all legal requirements to avoid penalties.

Recorded legal citations
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Art. 5(2) GDPR
Art. 24(GDPR)
Art. 30(1) GDPR
Art. 30(5) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Art. 6 §2(1) Loi Caméras

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Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

The plaintiff, a data subject which had seen themself being filmed on the street outside of the data controller's store, lodged a complaint with the Belgian DPA. They presumed the footage to be recorded and therefore reported the absence of a formal information as required by data protection law. After formal inquiry, it was found that the CCTV system had not been declared to the data privacy commission (commission pour la protection de la vie privée, CPVP) as required by article 6 §2(1) of the national videosurveillance law and that the record of processing activities was lacking information. Is the data controller subject to Article 30(1) GDPR despite employing fewer than 250 employees? After stating the conditions for a CCTV system filming spaces open to the public to be legal (declaration to the national data privacy commission (CPVP), article 6 §2(1) of the national videosurveillance law), the Belgian DPA holds that not only the absence of declaration but also the lack of information about the data processing in the record of processing activities results in a breach of the GDPR and the national videosurveillance law. The data controller had to both declare the CCTV system and establish a detailed record of the videosurveillance activities in accordance with Article 30(1) GDPR, despite employing fewer than 250 persons, because of the risk to the rights and freedoms of the data subject (article 30(5) GDPR).

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 16/2020 in BE

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

20 April 2020

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-2317

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. DPA case 16/2020 - Belgium (2020). Retrieved from cookiefines.eu

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