Posts

Transparency: EDPB Guidelines on video surveillance

Lawyer Vincenzo Colarocco

On 10 June 2019, the European Data Protection Board (EDPB) adopted guidelines no. 3/2019 on data processing in video surveillance, which clarify the terms of the general data protection regulation that apply to the processing of personal data when using video devices, and aim to ensure the consistent application of the GDPR on the subject.

Briefly, with reference to the information to be given to data subjects, the two-level structure is confirmed: summary information (warning sign) and complete information (available for example on the website). The sign must be placed near the camera and must contain all the essential information required by the GDPR. Below is the example of the new version of the information sign provided by the same guidelines.

What the first sanctions reveal and what are the choices of the Supervisory Authorities?

Lawyer Vincenzo Colarocco

The supervisory authorities – EU privacy guarantors – have so far taken a reasonable and considered approach to sanctions for non-compliance with the Gdpr, as provided for in the same regulation, which states that sanctions must in any case be effective, proportionate and dissuasive. For example:

 

Authority Fine () Quoted Art. Summary
French Data Protection Authority (CNIL) 50,000,000 for Google Inc. Art. 13 GDPR, Art. 14 GDPR, Art. 6 GDPR, Art. 4 nr. 11 GDPR, Art. 5 GDPR Lack of transparency (Art. 5 GDPR), insufficient information (Art. 13 / 14 GDPR) and lack of legal basis (Art. 6 GDPR). The obtained consents had not been given “specific” and not “unambigous” (Art. 4 nr. 11 GDPR).
Italian Data Protection Authority (Garante) 50,000 for the Italian political party Movimento 5 Stelle Art. 32 GDPR Insufficient technical and organisational measures to ensure information security
Information Commissioner (ICO) 204,600,000 for British Airways Art. 32 GDPR Insufficient technical and organisational measures to ensure information security

See the list in detail for a better overview.