DPA case 4/15-12-2022 – Complaint Upheld (Greece, 2022)

This case concerns a complaint filed by an individual (the data subject), against another person living in the same block of apartments (the controller). The controller had installed a video surveillance system in the communal area of an apartment building, for the purpose of monitoring and protecting their car. At a general assembly meeting on 12 June 2017, all of the co-owners in the apartment block had consented to the installation of the cameras and declared that they wished to have access to the system. Following complaints that such access was not afforded, another meeting was held on 21 June 2022 where it was decided that the camera would be removed. Subsequently, the data subject filed a complaint with the Greek DPA, alleging that the processing of personal data through the surveillance camera, which captured the other residents moving throughout the building, in the absence of collective consent from the co-owners, was unlawful. Responding to the complaint, the controller stated that the other owners had consented to the installation, and had not been denied access to the surveillance system, but access to the camera required some technical support, the cost of which the controller asked the other co-owners to bear. The Greek DPA found that, following the second meeting and decision of the general assembly, the co-owners withdrew their consent for the continued operation of the surveillance camera and requested its immediate removal. Therefore, it is clear that the continued processing of personal data was unlawful in accordance with Article 6(1)(a) GDPR. The DPA also noted that none of the other lawful bases in Article 6(1) GDPR could apply in this situation. The DPA issued a compliance order for the above violation ordering the controller to, within 15 days of receipt of the decision, stop processing through the surveillance camera and inform the authority of the above actions.