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Belgium · Geography does not establish applicable law.
Confirmed applicable legislation

DPA case 71/2020 – Complaint Upheld (Belgium, 2020)

Complaint Upheld
Autorité de Protection des Données30 October 2020Belgium
final
Complaint Upheld

Privacy enforcement record

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A Belgian data protection authority found that a YouTube video showing a fireplace along with a person's name and address violated privacy rules. This matters because it highlights the need for permission when sharing personal information online, even if the content seems harmless.

What happened

A YouTube video included a person's name and address while showing their fireplace.

Who was affected

Residents whose homes were featured in the video were affected.

What the authority found

The authority ruled that publishing the video with personal details required consent, violating GDPR's personal data processing rules.

Why this matters

This case emphasizes that sharing seemingly innocuous content can still breach privacy laws. Website operators should ensure they have consent before publishing any personal information.

Recorded legal citations
Automatically processed
Art. 4(1) GDPR
Art. 5(1)(c) GDPR
Art. 6(1) GDPR
Art. 6(1)(a) GDPR
Art. 6(1)(f) GDPR
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Art. 4(1) GDPR
Art. 6(1) GDPR

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Processing notes: articles corrected.

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Full Legal Summary
Detailed

The subject of the complaint concerns the online publication of visual material on YouTube in which the home, more specifically the fireplace of local residents who use a wood fire, is portrayed with the name and address of the occupant of the home in question. Does the publication of a film with the name and address of the person infringing the legislation on emissions in itself constitute a violation of the privacy legislation? The DPA wishes to clear up any possible confusion in this respect. The publication of a photograph/film of a fireplace as such does not involve the processing of personal data to which the privacy legislation would apply, but that, on the other hand, personal data are processed as soon as the film is published together with the name and address of the person concerned and that, in the present case, such publication can only take place with permission. The DPA clarifies that although the concept of personal data is to be understood broadly, and includes any data by which a natural person can be identified, a video recording of just a chimney on which the emission of smoke can be seen without in any way enabling a person to be identified is not personal data. That video recording of the fireplace, on the other hand, does become personal data as soon as the identification of the natural person is mentioned. The DPA finds that the publication as a whole, being the film together with the name and address of the complainant, constitutes a processing of personal data within the meaning of Article (4)(1) GDPR, whereby the principles of data protection must apply to any data relating to an identified or identifiable natural person. The publication of the video recording is indistinguishable from the name and address of the complainant. The video recording as well as the name and address of the complainant have been published precisely for the purpose of identification. A processing of personal data is lawful only if there is a legal basis for do

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 71/2020 in BE

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

Details

Decision Date

30 October 2020

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-2904

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case 71/2020 - Belgium (2020). Retrieved from cookiefines.eu

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