František Ryneš – CJEU Judgment (Czech Republic, 2014)

Mr. Rynes installed a camera system on his family home for the purpose of protection, health and life of his family. His family had, for several years been subjected to attacks by unknown people and it was difficult to identify them. The camera system recorded the entrance to his home, the public foot path, and the entrance to the house opposite his home. On the night of 6th to 7th October 2007, there was an attack on his home. The camera system made it possible to identify the two suspects involved. Mr. Rynes handed over to the police the recording to be relied on in the criminal proceedings. One of the suspects questioned the legality of the video recording and Mr Rynes was found to have infringed Law No. 101/2000 with respect to the protection of personal data. In particular, he was found to be a data controller who used the camera system to collect information without the consent of persons moving on the streets or opposite house. In addition, he had failed to inform them of the processing of personal data and lastly, as a Data Controller, he had not fulfilled the obligation to report the processing to the relevant office. Mr Rynes brought an action challenging this decision before the Prague City Court who dismissed the action. He appealed the decision to the Supreme Administrative Court who stayed the proceedings and referred the matter to the CJEU. The dispute in question is whether the operation of a home camera system which records people for purpose of protecting the property but monitors a public space amounts to processing of personal data as enumerated under Article 3(1) Directive 95/46. The court looked at the term personal data under Article 3(1) Directive 95/46 and Article 2(a) Directive 95/46 which is defined as any information relating to an identified or identifiable natural person, an identified person being one who can be identified directly or indirectly in reference to one or more factors specific to his physical identity. Accordingly, the