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Belgium · Geography does not establish applicable law.
Confirmed applicable legislation

DPA case 45/2026 – Complaint Upheld (Belgium, 2026)

Complaint Upheld
Autorité de Protection des Données5 March 2026Belgium
final
Complaint Upheld

Privacy enforcement record

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The Belgian data protection authority upheld a complaint against two neighbors for using a surveillance camera that filmed the public street. This matters because it emphasizes the need for individuals to respect the privacy of others when using surveillance technology.

What happened

Neighbors installed a surveillance camera that filmed the street, which was deemed unlawful.

Who was affected

The individual who complained, along with her family, who were filmed by the camera.

What the authority found

The authority found that the neighbors could not justify their use of the camera under privacy laws.

Why this matters

This ruling serves as a reminder that using surveillance cameras comes with responsibilities. People should consider privacy implications and ensure their cameras do not invade others' privacy.

Recorded legal citations
Automatically processed
Art. 5(1)(a) GDPR
Art. 6(1)(f) GDPR
View original scraped data
Art. 5(1)(a) GDPR
Art. 6(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Art. 7 § 2 para. 7 of the Surveillance Camera Act

Source checks

Linked-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

An individual (the data subject) lodged a complaint with the Belgian DPA (APD) regarding the installation and use of a surveillance camera by two neighbours (presumed controllers). The data subject claimed that the camera was adjustable, faced and filmed the street in front of the controllers’ house since January 2023 and that it featured a flashlight activated by a motion detector at night. The complaint was part of a larger dispute between the parties. The controllers claimed that the installation of the surveillance camera was in response to an incident where the tires of their car had been punctured. The DPA understood the controllers’ claim about the installation of the surveillance camera as a deterrent against tire punctures as a legitimate interest for personal data processing in the sense of Article 6(1)(f) GDPR. However, the DPA held that the controllers could not rely on this legal basis for the processing of personal data via the surveillance camera. The DPA explained that the camera captured images of the public road, making the personal data processing unlawful under Article 7§ 2 para. 7 of the Surveillance Camera Act. The DPA also emphasised that the camera footage infringed the data subject’s and her family’s right to privacy and right to data protection by processing frequently their personal data due to placement of the camera. Therefore, the DPA found that the controllers may have breached Article 5(1)(a) GDPR and Article 6 GDPR in conjunction with Article 7 § 2 para. 7 of the Surveillance Camera Act and issued a warning to ensure their surveillance camera no longer films public roads.

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 45/2026 in BE

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

5 March 2026

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-9926

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case 45/2026 - Belgium (2026). Retrieved from cookiefines.eu

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