Just came in on my end:
CJEU Judgment: Surveillance Camera for the Protection of Property & Public Street Space
The EU directive on the protection of personal data applies to video recording with a surveillance camera installed by a person at their single-family home and directed at the public street space. However, the directive allows for the consideration of the legitimate interest of this person to protect the property, health, and life of themselves and their family.
The Facts
A family in the Czech Republic was repeatedly targeted by attacks from an unknown individual. The windows of their house were smashed multiple times. In response to these attacks, the head of the household installed a surveillance camera that recorded the entrance to the house, the public street space, as well as the entrance to the opposite house.
One night in October 2007, a window pane of his house was shot at and shattered with a slingshot. The surveillance camera recordings handed over to the police enabled the identification of two suspects, against whom criminal proceedings were initiated.
One of the suspects challenged the legality of the processing of the data recorded by the surveillance camera. The authority (in the Czech Republic) found that the regulations on the protection of personal data had indeed been violated and imposed a fine on the head of the household. Among other things, the authority explained that the data of the suspect had been recorded without his consent, although he was present in the public street space, i.e., on the part of the street located in front of the house.
Question to the Court
The Supreme Administrative Court of the Czech Republic wishes to know from the Court whether the recording made by the head of the household to protect his life, health and property (i.e., the recording of personal data of persons who attacked his house from the public street space) constitutes data processing not covered by the directive because the recording was made by a natural person exclusively for personal or family activities.
The CJEU Judgment (C-212/13)
In its ruling today, the Court first points out that the term personal data within the meaning of this directive refers to all information relating to an identified or identifiable natural person. A person is considered identifiable if they can be identified directly or indirectly by reference to one or more specific elements that are an expression of their physical identity.
An image of a person recorded by a camera thus falls under the term personal data as it allows identification of the data subject.
Likewise, video surveillance recording and storing personal data falls under the scope of the directive as it constitutes automated processing of this data.
Secondly, video surveillance extending to public space and thus aimed at an area outside the private sphere of the data controller cannot be regarded as an "exclusively personal or family activity."
Legitimate Interest for Data Processing
At the same time, the national court must take into account when applying the directive that its provisions allow for the consideration of the legitimate interest of the data controller to protect the property, health and life of themselves and their family. In particular, first, the processing of personal data may occur without the consent of the data subject, among other things, if it is necessary for the purposes of the legitimate interests pursued by the data controller. Second, a person does not have to be informed about the processing of their data if this is impossible or involves a disproportionate effort. Third, member states may restrict the obligations and rights laid down in the directive, provided such restriction is necessary for the prevention, investigation, detection and prosecution of criminal offences or for the protection of the rights and freedoms of others.
Subject Index:
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, p. 31).
Video camera, video surveillance
Court:
CJEU, judgment of 11.12.2014 - C-212/13
Best regards from the Rhineland