DPA case Decision 17-05-2022 / Usž-27/22-4 – €1,247 Fine (Croatia, 2022)

This case concerns an appeal to the Croatian DPA decision on video surveillance in a residential building. A tenant, the data subject, submitted a request to the Croatian DPA regarding a violation of the right to the protection of personal data. He stated that the data recorded through a video surveillance system installed in their residential building was available to all residents as well as to a representative of the building in violation of the GDPR and national law. The DPA found no violation as the residents of the building gave their consent to the installation and maintenance of video surveillance. The data subject appealed the decision to court. The Court of First Instance added that co-owners confirmed with their signatures and gave their consent to the installation of video surveillance at the expense of the building's reserves and that the video surveillance was a shared device in the building. Furthermore, the co-owners confirmed with their signatures that they agree that the recordings could be viewed by the representative of the co-owners of the residential building. It was determined that the number of consents was more than 2/3 of the co-owned parts required for the establishment of video surveillance in a residential building. Consequently, the Court of First Instance rejected the data subject's claim for annulment of the DPA decision and ordered them to compensate the costs of this administrative dispute in the amount of HRK 9,375.00. The data subject filed an appeal against the first instance verdict due to an incorrectly established factual situation, incorrect application of substantive law and a violation of procedural rules.