DPA case 73/2024 – Dismissed (Belgium, 2024)

The data subject owned a flat and was a member of the co-owners’ association. Following multiple incidents, several co-owners requested the installation of a security system with cameras in the entrance hall and garage. In January 2018, a general meeting was held and the installation was unanimously approved, not including the abstention of some owners, including the data subject. In 2018, the cameras were installed, and sticker icons were placed to indicate that the building was surveilled. The data subject allegedly removed these stickers because they were bilingual and they claimed that this was not allowed. The data subject also allegedly cut several signal cables and threatened the installer of the cameras. In July 2019, the data allegedly rendered one of the cameras unusable using an alcohol marker. Additionally, the data subject filed a complaint with the Belgian DPA (‘APD’) against the installer of the cameras and the representative of the co-owners’ association for installing the cameras without the data subject’s consent, and claiming that the images were kept in an unknown location for an unknown duration. The aforementioned incident and the complaint made the representative disable the cameras. Therefore, since July 2019, the cameras had allegedly stopped filming. The representative also argued that the decision to install cameras was taken by a vote and not individually. Additionally, there was a 4-month appeal period against the decision. The data subject did not challenge the decision, which made it binding under Article 557-9 of the Belgian Civil Code. In July 2020, August 2020, May 2021, December 2022 and February 2022, the data subject inquired about the progress of the case and urged that the complaint be dealt with promptly. First, the DPA explained that due to a lack of shifts in the staffing of the Disputes Chamber of the DPA, insufficient progress was made on this case. Due to the complexity of the case, the APD decided not to include this c