Data Controller breaches data protection law in regard to use of covert CCTV footage [2007] IEDPC 6

Data Controller breaches data protection law in regard to use of covert CCTV footage [2007] IEDPC 6

The data controller breached the data subject's rights by processing her personal data via covert CCTV for a purpose incompatible with the original investigation and without fair processing, as she was not informed of the surveillance or its purpose.

Citation
[2007] IEDPC 6
Parties
Complainant: Data Subject (Complainant); Respondent: XX Hotel (Data Controller)
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Amicable Resolution
Outcome
amicable settlement
Legal Topics
Covert Surveillance, CCTV, Fair Processing, Purpose Limitation, Employee Privacy
Data Protection Employment Law Covert Surveillance CCTV Fair Processing Purpose Limitation Employee Privacy

Case Brief

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Parties

Data Subject (Complainant)

Complainant

XX Hotel (Data Controller)

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Amicable Resolution

Legal Issues

  1. 1 Whether the use of covert CCTV footage by the employer breached data protection law
  2. 2 Whether the processing of the data subject's personal data was fair and compatible with the original purpose

Ratio Decidendi

The data controller breached the data subject's rights by processing her personal data via covert CCTV for a purpose incompatible with the original investigation and without fair processing, as she was not informed of the surveillance or its purpose.

Court Disposition

amicable settlement

Orders

  • Investigation file closed on basis of amicable resolution between parties