New Travesty Of Data Protection In The European Union

Posted: 12/24/2014

Trigger

Just read this German article “Auch für private Überwachungskameras gilt der Datenschutz Wer an seinem Haus zum Schutz vor Einbrechern eine Kamera anbringt, muss sich sehr genau mit dem Datenschutz auseinandersetzen. Denn eine grundsätzliche Ausnahme gibt es nicht - hat der Europäische Gerichtshof in Luxemburg nun entschieden.” This article is about a recent judgment by the European Union Court of Justice (link to press release dated 12/11/2014; Case C-212/13).

Please read the comments as well by readers of the above article! Readers have overwhelmingly expressed how absurd this judgment is and how it defies common sense!

Brief Background

A homeowner installed surveillance cameras around his property after he and his families suffered several attacks on their property. Next time, these cameras caught the perpetrators in the act. The homeowner handed the videotapes over to the police, which apprehended the criminals.

Criminals claimed it was illegal under European data protection laws to shoot these videos without their consent. The appropriate data protection authority of that country agreed and fined the homeowner for illegally taping the event, because one of the cameras also filmed a “public footpath”.

Common Sense

Clearly, these surveillance cameras in this case served primarily the purpose of passive self-defense from bodily harm or property damage. There was apparently no indication of any kind that the homeowner used the video footage for any other purpose. One would think that such self-defense would trump excessive data protection laws.

If you read the press release of the EU Court of Justice you begin to think these judges are far removed from any reality.