Court case 22-3460 – Court Ruling (Netherlands, 2025)

An individual, the controller, broadcasted a live stream with a video footage, installed on their initiative, of their village on their website. This livestream was taken with two cameras and broadcasted on the controller´s website. Multiple data subjects advanced complaints before the DPA due to the filming of private houses in the controller´s livestream. Consequently, the DPA started an investigation and, eventually, imposed a fine of €500 to the controller due to the lack of a legal basis for the processing as per Article 5(1)(a) and 6 GDPR. The DPA upheld the decision after the controller´s objection. Thus, the controller appealed the decision in front of the Rechtbank Noord-Nederland (hereinafter: District Court) and argued that the processing activity could be based on an legitimate interest in accordance with Article 6(1)(f) GDPR. The District Court admitted the appeal to the DPA decision. Data processing under Article 6(1)(f) GDPR The District Court started its analysis by stating that it is undisputed that personal data was processed. The controller claimed that the processing was based on a legitimate interest as per Article 6(1)(f) GDPR. The controller listed different legitimate interests at stake in the case at hand: - The controller ´s own interest to promote the old village, national monuments and iconic buildings; - Different local authorities´ interest to attract tourists for economic gains, - The interest of the Municipality of De Fryske Marren as the municipality´s bridge operator uses the live stream when operating bridges; - The neighborhood police officer´s interest in using the live stream to determine the duty rooster; - The social interest of sick, elderly and interested people at home to watch the activity in the centre from home. To support this claim, the controller brought a petition of 941 people asking to keep the live streaming going. - Third parties´ interest to maintain public order and safety through the processing. On