The Norwegian Data Protection Authority has sanctioned Basaren Drift AS with a fin of 200.000 NOK of having breached the privacy ordinance. The case refers to the video surveillance with video cameras in restaurants premises.
The privacy ordinance requires that each personal data processing has a legal basis. After having investigated on a complainant on the video surveillance with video cameras in restaurants premises, the assessment of the Data Inspectorate is that the Bazaar has not a legal basis for the inner vigilance.
In addition, the Data Inspectorate has ended that the society has not provided sufficient information on the control and that the society has not valid signals.
Illegal surveillance with video cameras
Lawfulness and transparency principles on the personal data protection are basic and the breach of those principles are serious.
In this case, we have, among other things, considered that video cameras of surveillance have registered more than necessary into restaurant premises and that there was no need to control 24/24.
Answers for a fee
The Data Inspectorate considers that the case is so serious that it is necessary reply with a penal sanction. It is underlined that the video surveillance with video cameras has interested both employees and all the guests of the restaurant.
Everyone has the privacy right, and this also applies when we are working. There are strict conditions that need to be fulfilled in order to control with a video camera, especially in a working place.
In this case, we have underlined that the illegal video surveillance of video cameras has recorded employee. In addition, we underlined that video cameras record seating of guests into the restaurant.
Guests of a restaurant have a legitimate expectation of not being recorded while they are eating. In relaxed, leisure and socialization premises the privacy consideration of guests must weight a lot.
The fine is calculated after a complete assessment, among the other thing, of the seriousness of the breach and finances of the society.
Basaren Drift AS has a period of appeal of three weeks since the reception of the decision.