Complainant: Mr. X – Dismissed (Belgium, 2022)

Dismissed
Autorité de Protection des Données19 April 2022Belgium
final
Dismissed

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 complaint about surveillance cameras filming a neighbor's property was dismissed in Belgium. The DPA decided not to investigate further because the police were already involved, and there wasn't enough evidence of a privacy violation.

What happened

The complaint about surveillance cameras filming a neighbor's property was dismissed due to insufficient evidence and police involvement.

Who was affected

The person affected was a neighbor who felt their property was being filmed by surveillance cameras.

What the authority found

The Belgian DPA dismissed the complaint, citing insufficient evidence of a privacy breach and the police's primary role in such matters.

Why this matters

This case shows that privacy complaints involving surveillance cameras may be better handled by local police rather than data protection authorities. It highlights the need for clear evidence when alleging privacy violations.

National Law Articles

Act of 21 March 2007 regulating the installation and use of surveillance cameras
Act of 3 December 2017 establishing the Data Protection Authority
Article 58 WOG
Article 60 WOG
Article 62 § 1 WOG

Entities Involved

Complainant: Mr. X
Controllers: Mr. Y1 and Mr. Y2
Full Legal Summary
Detailed

On 11 March 2021, Mr. X, "the complainant", filed a complaint with the Data Protection Authority (DPA), against Mr. Y1 and Ms. Y2, "the controllers". The subject of the complaint was the installation of surveillance cameras which were positioned to film the complainant's property. On 30 March 2021, the complaint was dismissed by the Front-line Service of the DPA, on the basis of Article 58 and 60 of the Act of 3 December 2017 establishing the Data Protection Authority (WOG). The complaint was then transferred to the Disputes Chamber as per Article 62 WOG. On 22 February 2022, the complainant informed the Disputes Chamber that its complaint is still pending. The DPA held that the complaint must be dismissed on the ground of policy considerations. It held that the Act of 21 March 2007 regulating the installation and use of surveillance cameras designated the police force as the body primarily responsible for monitoring the provisions of the Act. The local police were notified by the complainant. The DPA, therefore, wished to avoid a double investigation. The DPA held that the case file did not contain sufficient evidence to conclude that there was a breach of personal data protection regulations. There was no evidence providing a clear violation of the General Data Protection Regulation (GDPR). Furthermore, there were limited means available to the DPA in order to investigate every case concerning surveillance cameras where neighbours are involved.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for Complainant: Mr. X in BE

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

Details

Decision Date

19 April 2022

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5407

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Complainant: Mr. X - Belgium (2022). Retrieved from cookiefines.eu

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