DPA case NAIH-4177-………./2021 – Complaint Upheld (Hungary, 2021)

A tenant of a flat in an apartment complex argued that the motion-detecting camera installed in the complex by another tenant was unlawfully processing their personal data, since it partially recorded public spaces of the building. Moreover, the complainant also questioned whether the single sticker the defendants placed on the wall satisfied the information provision obligations under Article 13 GDPR. The defendants argued that the camera was used to protect their belongings, such as their door and gas/electricity meters, and therefore fell under the 'legitimate interest' legal ground under Article 6(1)(f). Finally, they noted that after reviewing the recordings captured by the camera, they made sure to delete them on a daily basis. The Hungarian DPA noted that the legitimate interest legal basis under Article 6(1)(f) could indeed be invoked for the protection of private property, including for the monitoring of public spaces under limited circumstances, as noted in point 27 of the EDPB in Guidelines 3/2019 on processing of personal data through video devices. However, the DPA held that this legal ground was not applicable in this case, since the camera's angle also captured areas that were not relevant for the purpose of protecting private property, and the defendant's activity therefore did not fulfil the requirements for necessity and proportionality. Moreover, the DPA recalled that in the CJEU - C‑212/13 - František Ryneš, the CJEU ruled that the exception for 'purely personal or household activity' under Article 2(2)(c) must be interpreted narrowly, and therefore does not apply to the recording of public spaces. Subsequently, the DPA ordered the defendant to either restrict the viewing angle of the camera, use blurring or masking technologies achieving the same effect, change the location of the camera, or cease its use altogether. The DPA also noted that one sticker warning that the camera is in use does not fulfil the provisions regarding information to