The Hellenic Data Protection Authority (HDPA) has imposed a total fine of €6,000 on two individuals for illegally installing cameras on their property and for not granting access as requested by the Authority.
The issue was brought to light in May 2022 when neighbors reported that the individuals had set up three cameras—two of which were rotatable—on their premises, which includes their residence and restaurants. These cameras not only monitored their property but also captured images of the complainant’s adjacent land and a public area.
The neighbor requested that the HDPA intervene to have the cameras removed and provided photographic evidence of two cameras, along with video footage showing one of them rotating. The neighbor also asked for access to the recordings where they appeared.
Defendants’ Statement
The defendants claimed to the Authority that they installed the cameras due to prior incidents of theft and damage to their property. They asserted that the cameras were not directed at public or private areas belonging to others and did not connect to any recording devices; instead, they utilized memory cards that would delete stored data after five days. They also presented a certificate from a security firm.
They maintained that they could not provide any footage because it had already been erased. The only material still obtainable, they said, had been submitted to the prosecutor following a complaint about an incident involving the neighbor.
Controlled Rotation Capability
The complainant successfully obtained footage through legal channels and presented it to the Authority, revealing that the cameras could rotate remotely and captured images of the complainant’s property, countering the defendants’ assertions.
Upon further questioning, the defendants provided a new statement from the security firm stating that one camera was malfunctioning and another had “lost focus” due to weather conditions, inadvertently recording the neighbor’s property. They also admitted, for the first time, that the third camera referenced in the complaint was a non-functional “dummy” device.
The Authority’s Ruling
The HDPA concluded that the defendants provided inconsistent and deceptive accounts and did not adequately cooperate during the investigation. The Authority determined that they violated the neighbor’s right to access information and confirmed that one camera had captured part of the neighbor’s property. Furthermore, the camera’s capabilities, including rotation and remote access, contradicted their claims.
The Authority ruled that the General Data Protection Regulation (GDPR) had been infringed upon. It emphasized that despite the cameras being installed at a private residence, their use for business purposes indicated that they were not solely for personal security.
The Fines
Each defendant received a fine of €3,000. They were also directed to modify their camera systems to safeguard their property and residents without encroaching on neighboring properties, ensuring that cameras with rotation or zoom capabilities adhere to the relevant 2011 guidelines.
Ask Me Anything
Explore Related Questions
