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Medical clinic – Fine (Germany, 2021)

Fine
Bundesbeauftragter für den Datenschutz1 January 2021Germany
final
Fine

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A medical clinic in Germany was found to have installed 21 surveillance cameras without a valid legal basis for doing so. This ruling is crucial because it shows that consent from employees is not enough for extensive monitoring.

What happened

The clinic used video surveillance to monitor employees and patients without proper legal justification.

Who was affected

Employees and patients at the medical clinic who were monitored by the cameras.

What the authority found

The DPA concluded that the clinic could not rely on consent for its video surveillance practices.

Why this matters

This decision serves as a warning to businesses about the limits of using consent for monitoring practices. Companies should ensure they have a solid legal basis for any surveillance.

Recorded legal citations
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Art. 5 GDPR
Art. 6 GDPR
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Art. 5(GDPR)
Art. 6(GDPR)

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Full Legal Summary
Detailed

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

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Medical clinic - Germany (2021). Retrieved from cookiefines.eu

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