ECJ on the admis­si­bi­li­ty of video sur­veil­lan­ce in ren­tal pro­per­ties (Case C‑708/18)

The ECJ had ruled in the pro­ce­e­dings C‑708/18 on a refe­rence from the Regio­nal Court of Bucha­rest, Roma­nia, to ans­wer the que­sti­on of whe­ther natio­nal rules per­mit­ting video sur­veil­lan­ce in com­mon are­as of a resi­den­ti­al buil­ding for the pro­tec­tion and secu­ri­ty of per­sons and pro­per­ty are com­pa­ti­ble with the Data Pro­tec­tion Direc­ti­ve (EC/95/46) in the light of the Char­ter. In doing so, the ECJ holds that

  • the pro­tec­tion of the pro­per­ty, health and life of the co-owners of a buil­ding is a “legi­ti­ma­te inte­rest” within the mea­ning of Art. 7 lit. f of the Directive;
  • the legi­ti­ma­te inte­rest must be at the time of pro­ce­s­sing have ari­sen and be pre­sent, i.e., at this time it may be not hypo­the­ti­cal be. Howe­ver, this does not requi­re that the secu­ri­ty of pro­per­ty and per­sons has alre­a­dy been com­pro­mi­sed before­hand. In the pre­sent case, it is suf­fi­ci­ent that thefts, burgla­ries and van­da­lism occur­red befo­re the video sur­veil­lan­ce system was put into ope­ra­ti­on, alt­hough a secu­ri­ty system with inter­com and magne­tic card was instal­led at the buil­ding entrance;
  • as alter­na­ti­ve mea­su­res had been taken in the form of the secu­ri­ty system instal­led at the ent­rance to the buil­ding, but pro­ved to be insuf­fi­ci­ent, and as video sur­veil­lan­ce was limi­t­ed to Com­mon are­as of the buil­ding and on the Access rou­tes to him, pro­por­tio­na­li­ty was ensu­red. Howe­ver, it must be exami­ned whe­ther it is suf­fi­ci­ent if the video sur­veil­lan­ce only at night or out­side nor­mal working hours is in ope­ra­ti­on and when images of are­as that do not need to be moni­to­red are blocked or blurred;
  • the requi­red Weig­hing of inte­rests must be car­ri­ed out on a case-by-case basis. A Mem­ber Sta­te can­not cate­go­ri­cal­ly and gene­ral­ly exclude the pro­ce­s­sing of cer­tain cate­go­ries of per­so­nal data wit­hout lea­ving room for a con­cre­te balan­cing exercise.

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