DPA case Decision 138-2022 – Complaint Upheld (Belgium, 2022)

Complaint Upheld
Autorité de Protection des Données27 September 2022Belgium
final
Complaint Upheld

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.

A Belgian company used surveillance cameras that invaded the privacy of its neighbors. The DPA found that the company violated GDPR by not properly registering the purpose of the surveillance and not informing authorities as required by law.

What happened

A company installed surveillance cameras that recorded neighboring properties without proper registration or notification.

Who was affected

The neighbors whose privacy was affected by the surveillance cameras.

What the authority found

The DPA ruled that the company violated multiple GDPR principles regarding lawfulness and transparency in its use of surveillance.

Why this matters

This case highlights the need for businesses to comply with privacy laws when using surveillance technology and to respect the privacy of others.

GDPR Articles Cited
Automatically processed
Art. 5(1)(a) GDPR
Art. 5(1)(b) GDPR
Art. 5(1)(c) GDPR
Art. 5(2) GDPR
Art. 6(1)(f) GDPR
Art. 24(1) GDPR
View original scraped data
Art. 5(1)(a) GDPR
Art. 5(1)(b) GDPR
Art. 5(1)(c) GDPR
Art. 5(2) GDPR
Art. 6(1)(f) GDPR
Art. 24(1) GDPR

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

National Law Articles
AI-identified
Art. 5 Camerawet
Art. 3 Koninklijk Besluit 10 February 2008
Art. 7 Camerabesluit
Art. 8 Camerabesluit
Art. 9 Camerabesluit

Source checks

Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

This decision concerns the use of a surveillance camera which partly pointed at the living space and garden of some neighbors (the data subjects). The controller stated that the purpose of the cameras was to protect its collection of high value motorcycles and that it had never been its intention to violate someone else's privacy. The data subjects filed separate complaints at the DPA which were combined in a single procedure. One of the data subjects also went to the police, which resulted in a police investigation at the controller’s place at 27 October 2022. The police came to several conclusions, amongst others the fact that the controller didn't register the purpose of the video surveilance before he placed the security camera. It was obligatory to register the purpose of camera surveilance to the police before the camera was placed. The police also found that the controller didn't notify the police about the placement of the surveillance camera, despite the fact that this was a legal obligation under national law (Article 7(2)(2) Camerawet). The DPA conducted an investigation into the controller. The investigations unit held that the controller violated Articles 5(1)(a), 5(1)(b), 5(1)(c), 5(2) and 24(1) GDPR. The investigations unit also held that the controller violated several local legislations, specifically Article 5 Camerawet, Article 3 Koninklijk Besluit 10 February 2008 and Articles 7, 8, 9 Camerabesluit. The DPA held that it had the jurisdiction to decide this complaint. First, the recordings of natural persons with surveillance cameras are personal data. Second, the fact that the controller placed the cameras on his own property does not trigger the "household exemption" under Article 2(2)(c) GDPR. When the cameras also record, as in this case, public or private spaces, this provisions doesn’t apply. Therefore, the GDPR was applicable. The DPA held the controller had violated the principle of lawfulness, fairness and transparency under Artic

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 Decision 138-2022 in BE

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

Details

Decision Date

27 September 2022

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5305

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 Decision 138-2022 - Belgium (2022). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: