Court case 9267/2022 โ€“ Court Ruling (Slovenia, 2023)

Court Ruling
DPA VSL27 July 2023Slovenia
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 Slovenian court ruled that video footage used in a criminal case was acceptable, even though the cameras lacked an information notice. The court explained that people have a limited expectation of privacy in public areas. This decision highlights how privacy rights can be balanced against public safety needs.

What happened

The court upheld the use of video surveillance footage as evidence in a criminal trial despite the absence of an information notice.

Who was affected

The person identified by the police through video surveillance cameras in public spaces.

What the authority found

The Higher Court determined that the use of video footage did not violate privacy rights as the expectation of privacy in public areas is limited.

Why this matters

This ruling indicates that courts may allow video surveillance in public spaces for law enforcement purposes. Businesses should be aware of how surveillance practices can intersect with privacy rights.

GDPR Articles Cited

Art. 12 GDPR
Decision AuthorityVSL (Slovenia)
Full Legal Summary
Detailed

Following a criminal offence, the data subject was identified by the police through video surveillance cameras. The footage of the cameras was used as evidence during the criminal trial, on the basis of which the Court of First Instance convicted the data subject. In his appeal to the Ljubljana Higher, the data subject claimed, among other things, that the footage of the video surveillance cameras, as well as all other evidence obtained based on the footage, should be excluded since the cameras lacked an information notice. The Ljubljana Higher Court noted that the Court of First Instance, in accordance with case-law, explained the meaning of the right to privacy and the concept of expectation of privacy in criminal law. It pointed out that the right to privacy is not absolute, as it can be limited, for example, by the rights of others and in situations provided for by the Constitution of the Republic of Slovenia. Furthermore, the Higher Court explained that for the admissibility of evidence in criminal cases when such evidence was obtained in breach of the right to privacy, the standard of expected privacy should be taken into account. The Court cited the [https://hudoc.echr.coe.int/eng#{%22appno%22:[%2263737/00%22],%22itemid%22:[%22001-61228%22]} Perry case], where the ECtHR took the view that the normal use of video surveillance cameras in places such as streets, shopping centers or police stations does not in itself raise concerns about the right to respect for private life under [https://www.echr.coe.int/documents/d/echr/convention_ENG Article 8(1) ECHR]. Likewise, in the present instance, the Higher Court noted that the cameras were recording streets, courtyards or the vicinity of commercial buildings and the area in front of an ATM, where an individual could not expect privacy in the absolute sense. Thus, the recordings did not disproportionately interfere with the defendant's right to privacy. The Higher Court further found that the Co

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 9267/2022 in SI

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

Details

Ruling Date

27 July 2023

Authority

DPA VSL

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 9267/2022 - Slovenia (2023). Retrieved from cookiefines.eu

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