For a correct information of the public opinion, we underline that the National Supervisory Authority for Personal Data processing has no connection with the controls performed by the National Authority for Consumers’ Protection (ANPC) at the beginning of 2023 at the nursing homes. During May and June 2023, following the receipt of some intimations (public letter of a group of employees of ANPC), the National Supervisory Authority for Personal Data Processing performed an investigation at the controller the National Authority for Consumers’ Protection (ANPC), during which the use, starting with May 2023, without a specific legal basis, of some bodycam devices, was found.

ANPC declared that it started the use of the bodycam devices from May 2023.

There is no specific legal basis to provide for the use by ANPC of the portable bodycam cameras, with audio-video recording function, within the activity of ANPC, by reference to its specific tasks.

ANPC was sanctioned with reprimand, for the breach of the provisions of Article 5 paragraph (1) letter a), by reference to Article 6 paragraph (1) from Regulation (EU) 2016/679 (the lack of existence of a specific legal basis for the processing of personal data on large scale).

Therefore, it was found that the processing of personal data (first name, last name, position/capacity, image, voice, behavior) through the portable audio-video surveillance system ANPC performed, without only legal obligation of the latter, as controller, was performed. According to Article 5 paragraph (1) letter a) from the GDPR, the controller ANPC has the obligation to process the data legally, fairly and transparently in relation to the data subject.

In addition to the reprimand sanction, on 20^th of June 2023, through decision, the National Supervisory Authority for Personal Data Processing ordered for the controller ANPC to cease any operation or set of operations for the processing of personal data performed through the portable BodyCam devices and to erase the personal data from the evidence system constituted following the use of such devices starting with May 2023.

We also mention that the National Supervisory Authority for Personal Data Processing performed several investigations regarding the illegal use of bodycam portable cameras at several public institutions: the Constanta Local Police, the Cluj Local police, District 4 Local Police. In all situations it applied a reprimand and ordered the cease of the use of such cameras as there is no specific legal provisions that would allow these institutions to use them.

The judicial courts maintained the decisions of ANSPDCP, through final decisions.

Legal and Communication Department

A.N.S.P.D.C.P.