- Enforcing jurisdiction
- Iceland · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
DPA case 2021091678 – Complaint Upheld (Iceland, 2023)
Privacy enforcement record
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An Icelandic person installed a surveillance camera that overlooked their neighbors' property without informing them. The neighbors complained, but the camera was later deactivated, leaving the case unresolved. This situation shows the importance of informing others when monitoring their property.
What happened
A person installed a surveillance camera that captured their neighbors' property without notice.
Who was affected
Neighbors whose property was potentially monitored by the camera.
What the authority found
The DPA could not investigate further since the camera was deactivated, but they reminded that monitoring public areas by private individuals is generally not allowed without a valid reason.
Why this matters
This case serves as a reminder for individuals to be aware of privacy laws when installing cameras. It highlights the need for transparency and consent in monitoring situations.
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In this case, a person (controller) installed a surveillance camera whose field of view included the property and building of their neighbors without any signs informing them. Two of the neighbors (data subjects) contacted the controller to request the removal of the camera and the deletion of the recorded material but the controller did not respond. This led the data subjects to file a complaint with the Icelandic DPA. They argued that the controller never requested their consent for the installation of the camera and that they were not informed on the monitoring, the responsible or on the purposes. In their defense, the controller explained that they never included the data subjects' property in the field of view of the camera. The controller stated that there was a dispute between him and the data subjects about traffic congestion in their street and that he installed the camera to prove them that contrary to their belief, there was only little traffic. The controller therefore considered that he had an interest in the monitoring. Later, the street was closed and the controller stated to have deactivated the camera since then. The DPA started by reminding that originally the object of the complaint was that the camera monitored the property and building of the data subjects. Since the camera was deactivated, the controller could not provide the DPA with a screen shot of it. Therefore, the DPA considered that it could not further investigate on that matter. However, the DPA relied on the statement of the controller that they carried out street monitoring and decided to assess the compliance of that monitoring. The DPA then explained that the monitoring of public areas (in this case the street) by private parties is generally prohibited unless there are special considerations that justify it. This monitoring should rely on a legal basis under Article 6 GDPR. In this case, the DPA assessed whether the legitimate interest could constitute such legal basis. Th
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 2021091678 in IS
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 2021091678 - Iceland (2023). Retrieved from cookiefines.eu
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