Basaren Drift AS – Court Ruling (Norway, 2021)

Court Ruling
Datatilsynet (Norway)4 November 2021Norway
final
Court Ruling

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 Norwegian restaurant company was found to have improperly used surveillance cameras without a valid reason. The Privacy Appeals Board annulled the fine due to the lengthy investigation process. This case shows the importance of having a valid reason for surveillance and the impact of procedural delays.

What happened

A restaurant company used surveillance cameras without a valid legal basis for processing personal data.

Who was affected

Employees at the restaurant who were monitored by surveillance cameras without proper justification.

What the authority found

The Privacy Appeals Board found the company lacked a valid reason for using surveillance cameras, but annulled the fine due to the DPA's slow processing.

Why this matters

This case underscores the need for valid reasons when using surveillance and highlights how procedural delays can affect enforcement outcomes. Businesses should ensure compliance with privacy laws to avoid similar issues.

GDPR Articles Cited

Art. 13 GDPR
Art. 6(1) GDPR
Art. 6(1)(f) GDPR
Art. 24(2) GDPR
Decision AuthorityPVN
Reviewed AuthorityDatatilsynet (Norway)
Full Legal Summary
Detailed

In May 2018, an employee at a restaurant lodged a complaint against camera surveillance at the work place. One year later, the Norwegian DPA (Datatilsynet) requested additional information from the company running that restaurant (the Company). Even though the Company replied within a few weeks, the DPA did not follow up again until March 2020. After receiving more information from the Company, it took another five months before the DPA managed to issue a preliminary decision, which included an injunction to end the camera surveillance due to the lack of a valid legal basis as per Article 6(1)(f) GDPR and a fine of €30,382 (NOK 300,000) for breaching Article 6(1)(f), 13 and 24. After the Company shared its comments and objections to the preliminary decision, the DPA issued a final decision where the fine was reduced to €20,255 (NOK 200,000) due to the company's financial situation under the COVID-19 pandemic. The Company argued that the administrative fine was too high and therefore appealed the decision before the Norwegian Privacy Appeals Board. After reviewing the case, the DPA decided to uphold its decision, and the case was submitted to the Privacy Appeals Board (Personvernnemnda, PVN) for consideration. The PVN agreed with the DPA that the the Company had infringed Article 6(1)(f) GDPR because of the absence of a valid legal basis for the processing of personal data through the installation of surveillance cameras. However, the PVN considered that the breach of Article 6 GDPR as not as serious as the DPA had found. In the opinion of the PVN, the breaches of Article 13 and 24 GDPR were more serious. After an overall assessment, the PVN concluded that the amount of the administrative fine for such violations should be limited to €10,127 (NOK 100,000). After considering the length of the procedure, however, the PVN decided to annul the fine altogether due to the DPA's long case processing time (i.e. in total, almost three years).

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

4 November 2021

Authority

Datatilsynet (Norway)

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Basaren Drift AS - Norway (2021). Retrieved from cookiefines.eu

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