DPA case 2022030544 – Dismissed (Iceland, 2023)

Person A (the complainant) who lives in an apartment building received an e-mail from their neighbour along with a recording marked “Tal 006”. The recording contained the complainant’s private conversations they had at home where every word could be discerned. The complainant requested the recording to be deleted, but the neighbour refused to delete the recording. Thereafter, the complainant lodged a complaint with the Icelandic DPA. The complainant stated to the DPA that they were not able to confirm whether the recordings had been shared with others. Furthermore, it appeared in the complainant's answers that there was a dispute with the neighbour that had been been going on for some time, inter alia, because of the issue of acoustics in the house. Despite multiple requests by the DPA, the neighbour did not provide any statements on their behalf with regard to the complaint. Generally, this type of processing would fall within the scope of the GDPR. However, in the present case the Icelandic DPA recalled that the GDPR includes an exemption were personal data is processed by a natural person in the course of a purely personal or household activity pursuant to Article 2(2)(c) GDPR. The DPA noted that the neighbour had not opposed to any of the complainant’s allegations. However, it was found that nothing in the present case suggested that the recording would have been communicated to anyone other than the complainant. In the DPA’s view, the recording in question and its dissemination were solely intended for the neighbour's personal use, in relation to their dispute with the complainant, with regard to the issue of acoustics in the house. Consequently, the DPA held that the audio recording and its transmission to the complainant falls under the so-call “household exemption” under Article 2(2)(c) GDPR. Thereupon, the complaint was dismissed.