Medical clinic – Fine (Germany, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A medical clinic in Berlin was found to have improperly used video surveillance on its premises. The clinic's reliance on employee consent and signage for video monitoring was deemed insufficient under data protection rules.
What happened
The clinic installed 21 cameras for surveillance, claiming consent from employees and patients.
Who was affected
Employees and patients who were monitored by the clinic's video cameras were affected.
What the authority found
The authority concluded that the clinic's video surveillance lacked a valid legal basis, as consent in an employer-employee context is questionable.
Why this matters
This case highlights the challenges of using consent as a legal basis for surveillance in workplaces. It serves as a warning to businesses to ensure their surveillance practices comply with data protection laws.
GDPR Articles Cited
The DPA from Berlin has imposed a fine on a medical clinic. The clinic had installed 21 cameras in its premises for the purpose of protection against crime and property damage. This made it possible to monitor employees and patients around the clock. The clinic relied on consent given by employees and information signs as the legal basis for the video surveillance. However, the DPA concluded that the clinic could not base the video surveillance on consent, as voluntary consent in the employee-employer relationship is questionable. Also, clearly visible notices of the video surveillance do not allow the conclusion that the patients, by entering the monitored premises, legally express their consent to the observation. The DPA could not find any other evidence that would justify such extensive video surveillance of the clinic.
Related Enforcement Actions (0)
No other enforcement actions found for Medical clinic in DE
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
1 January 2021
Authority
Bundesbeauftragter für den Datenschutz
Enforcement Tracker ID
ETid-1219
About this data
Cite as: Cookie Fines. Medical clinic - Germany (2021). Retrieved from cookiefines.eu
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