- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 00027-2022 – Dismissed (Spain, 2022)
Privacy enforcement record
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A gas station owner installed a surveillance camera that pointed at his cousin's house, leading to a complaint about privacy invasion. The Spanish Data Protection Authority found no violation because the camera only monitored the garage entrance and had proper signage. This case highlights the importance of ensuring surveillance is limited and clearly communicated to avoid privacy issues.
What happened
The gas station owner tracked his cousin's property using a surveillance camera without consent.
Who was affected
The cousin of the gas station owner, whose property was monitored by the camera.
What the authority found
The Spanish Data Protection Authority ruled that the camera's placement did not violate privacy rules because it was aimed at a limited area and had proper signage.
Why this matters
This decision shows that surveillance can be lawful if it is limited and transparent. Businesses should ensure their monitoring practices are necessary and well-communicated.
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Automated check recorded — 18 October 2026.
Processing notes: articles corrected, national law identified.
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A gas station owner has installed a video surveillance camera over the door of his cousin's house, the data subject, who alleges that there is no good relationship between them and that the defendant is using the means he has as a businessman to coerce the claimant to keep the entrance to his house under control and surveillance. The camera is 1.2km from the gas station, has a range of 60 meters and is installed in the upstairs apartment, which does not belong to the controller, but to his relatives. The complaint has been denied because it was proven that the camera was directed only towards the access door to the garage. Although it affects the sidewalk, the dimensions are limited to a scope that is considered essential to preserve the persons and property that are in the purpose for which the camera is installed. In addition, the Spanish DPA resolution considered that there were several informative signs, indicating not only that it was a video-monitored area, but also the person responsible for the treatment. Moreover, there was no evidence of any data processing of the data subject, nor was there any control of the access to the house, so that the resolution indicated that the presumption of innocence must prevail in this case. The Spanish DPA considered that the controller has not exercised a control of the entrances and exits of the property, nor has it processed the personal data of the data subject and/or third parties in violation of the content of art. 5 (1) GDPR, which provides that personal data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed. According to the AEPD, since the camera only reached a sidewalk of limited dimensions and containing informative signs, there was no violation of art. 22 (2) of the Spanish local law (LOPDGDD), according to which images of the public road can only be captured to the extent that it is essential for the purpose of preserving people and propert
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 00027-2022 in ES
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 00027-2022 - Spain (2022). Retrieved from cookiefines.eu
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