European Data Protection Board

GDPR fine for unlawful video surveillance in an LSS housing

Wednesday, 25 November, 2020
se

The Swedish Data Protection Authority issues an administrative fine of SEK 200,000 against Gnosjö Municipality for unlawful video surveillance in an LSS housing.

The Swedish Data Protection Authority received a complaint from a relative of a resident of a residential care home for persons with certain functional impairments (so-called LSS housing) in Gnosjö municipality, claiming that the resident was being monitored illegally. The Authority initiated an audit of the LSS housing and can conclude that the resident in question indeed was monitored in their bedroom in violation of the General Data Protection Regulation, GDPR, and the Swedish Video Surveillance Act.

"The resident has been monitored in the most private sphere of the home, which led to a severe and unjustifiable interference with the residents' right to privacy" says Jeanette Bladh Gustafson, lawyer at the Swedish Data Protection Authority's unit for video surveillance.

The Social Welfare Committee in Gnosjö, which is responsible for the LSS housing, has stated that the resident's disease profile has created major difficulties both for the resident himself and for the staff, and that situations have arisen where there has been a risk to the life and health of the resident. There has also been situations where the staff has suffered injuries.

The Swedish Data Protection Authority shares the assessment of the Social Committee that there has been a need to take measures to manage and improve the situation.

— However, it should be possible for the LSS housing to achieve the same purposes as those for which the video surveillance was carried out with less privacy-intrusive means.

The Swedish Data Protection Authority concludes in its decision that there is no legal basis for the video surveillance, that an impact assessment has not been carried out before initiating the video surveillance and that the controller has failed to clearly inform about the video surveillance. For those reasons, the Swedish Data Protection Authority issues an administrative fine of SEK 200,000 against the Social Welfare Committee.

To read the original press release in Swedish, click here

To read the full decision in Swedish, click here

For further information, please contact the Swedish SA: datainspektionen@datainspektionen.se

The press release published here does not constitute official EDPB communication, nor an EDPB endorsement. This press release was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. As the press release is represented here as it appeared on the SA's website or other channels of communication, the news item is only available in English or in the Member State's official language with a short introduction in English. Any questions regarding this press release should be directed to the supervisory authority concerned.