Private individuals fined for installing video cameras on private property Summary Our remarks The Belgian Data Protection Authority (DPA) received • When installing surveillance cameras, the owner/ a complaint regarding three surveillance cameras operator is responsible for ensuring that the in a residential area. According to the complainants, principles of lawfulness, fairness, minimization, the cameras were filming “the entire property” where and transparency as outlined in GDPR, Article 5, the complainants resided. Additionally, one camera are observed. The purpose of processing personal was filming “the entire street” on which the property data in the context of surveillance must be clearly was situated. Images captured by the cameras were defined and align with a legitimate interest presented during an exchange between the parties recognized by the GDPR. relating to an environmental lawsuit, where also governmental representatives and traffic experts • The case offers procedural insights into scenarios participated. These images contained personal data as where private individuals are found to have the cameras captured individuals moving on the public breached GDPR obligations. The Belgian DPA sent a road and private properties. The complainants argued form to the defendants, allowing them to respond that the images not only provided evidence of the to a proposed fine of 2,000 EUR. The arguments unlawful recording of public roads and private property, presented by the defendant were taken into but also the unlawful transfer of these recordings to account by the DPA and ultimately resulted in a unauthorized parties. reduction in the amount of the fine. Notably, the Belgian DPA considered the financial situation of Decision of the Belgian DPA the defendant when deciding the final amount of the fine. The owners of the surveillance cameras were fined 1,500 EUR for not having a legal basis for transmitting images containing personal data to third parties (GDPR, Article 6(1)). Published: 24-11-2020 Journal number: DOS-2019-04412 Tags: 01 Legal basis and principles of processing 90