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

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.