A new sanction imposed to a public authority
On the 11th of December 2020, the national supervisory authority finalised an investigation to Cluj-Napoca Municipality, represented by the Mayor, for the General Directorate of Local Police Cluj-Napoca and found the violation of the provisions of Article 5 paragraph (1) letter a) in connection with Article 6 paragraph (1) of the General Data Protection Regulation.
The Municipality of Cluj-Napoca, for the General Directorate of Local Police Cluj-Napoca was sanctioned with a reprimand, pursuant to Article 58 paragraph (2) letter b) of Regulation (EU) 2016/679, in relation to Article 14 paragraph (11) and Article 15 paragraph (1) of Law no. 102/2005, as well as pursuant to Articles 12-14 of Law no. 190/2018 in connection with Article 7 of Government Ordinance no. 2/2001, as the staff of the General Directorate of Local Police Cluj-Napoca, in the exercise of specific missions and activities, processed personal data using the portable audio-video system type “Body-Work Camera” (which processes the image and voice), starting with October 2019, without an existing legal obligation of the controller and without fulfilling any other condition provided in Article 6 paragraph (1) of the GDPR, although, according to Article 5 paragraph (1) letter a) of the GDPR , the controller had the obligation to process personal data lawfully, fairly and in a transparent manner in relation to the data subject.
The sanction of reprimand was accompanied by the application of a corrective measure through the remediation plan, according to the provisions of Articles 12-14 of Law no. 190/2018 on implementing measures to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). Thus, the controller was ordered to ensure compliance of the processing operations performed by using portable audio-video systems type “Body Worn Camera” with the provisions of Articles 5 and 6 of the GDPR.
The investigation was performed following the receipt of an intimation regarding the violation of the data protection legislation and it was found that the General Directorate of Local Police Cluj-Napoca.
It was found that the General Directorate of Local Police Cluj-Napoca processes personal data through the portable audio-video systems “Body Worn Camera” type, used by local police officers in the exercise of duties in order to record the following categories of interventions and actions:
- identification of persons;
- escorting persons to the local police premises;
- using the force and means;
- performing the body or luggage control;
- stopping vehicles;
- finding flagrant offences and contraventions;
- those determined by the prevention of an imminent danger to life, health and physical integrity of a person.
The General Directorate of Local Police Cluj-Napoca could not prove the compliance with Article 6 paragraph (1) of GDPR regarding the legality of the processing performed through the portable audio-video system “Body Worn Camera” type.
Consequently, it was found that the processing of personal data (image, voice) was carried out without fulfilling the legality conditions provided in Article 6 paragraph (1) of the GDPR.
Legal and Communication Department