//
you're reading...
Czech legal news

Rynes (Ryneš) case update – the Czech Supreme Administrative Court has decided after the Court of Justice issued judgement on preliminary question

On 11.12.2014 CJEU issue judgement on the preliminary question states, whether the use of the individual camera system put at the family house for the purpose of protection of the property, life, health (from burglary), overlooks the street or other areas near their home fall under the Art. 3 par.2 of the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The Court decided that

The second indent of Article 3(2) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that the operation of a camera system, as a result of which a video recording of people is stored on a continuous recording device such as a hard disk drive, installed by an individual on his family home for the purposes of protecting the property, health and life of the home owners, but which also monitors a public space, does not amount to the processing of data in the course of a purely personal or household activity, for the purposes of that provision.

The Czech Supreme Administrative Court decided in final on 25th February 2015 in favor of Mr. Ryneš stating that before CJEU Czech citizens could not know that the EU directive applies in these cases and that the Czech law was vague. The discrepancy existed among European states. Now it is clear that the Office for personal data protection can issue the fine but the directive allows to take the justified interest of the property owner into consideration. The Supreme Court does not agree that only by installing the camera on a house which overlooks the street and part of the house across the road because to be effective tool of protection it must be in this position. It was this position where previous attacks took place. It is nonsense that the camera should be reclined and has a view only on a wall of the house in question. The circumstances and real life logic must be taken in consideration. Therefor the fine was unlawful.

Full judgement (only in the Czech language) available here:

Advertisements

About ondrejovae

Czech Attorney/Barrister located in Prague with specialization in media law and protection of personal rights

Discussion

One thought on “Rynes (Ryneš) case update – the Czech Supreme Administrative Court has decided after the Court of Justice issued judgement on preliminary question

  1. Many thanks for posting this, Eva.

    The Czech Supreme Court’s final judgment is most sensible and particularly practical in finding that the fine was unlawful.

    Posted by Robin Callender Smith | May 17, 2015, 3:30 pm

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Enter your email address to follow this blog and receive notifications of new posts by email.

Barrister

Dear readers and followers, I would like to make an announcement that I have opened my own legal office. The website of the office is www.ondrejova.cz

SHORT NEWS

Ferdinand Peroutka granddaughter has filed a defamation claim against the Czech state because of President Miloš Zeman’s public defamatory statements about Czech most famous journalist who was during the WWII held in concentration camp and in 1951 emigrated due to communistic regime.

Ringier AG and AXEL SPRINGER AG sold the main and the most successful publishing house in the Czech rep. (the tabloid newspaper BLESK, AHA, REFLEX) to CNC.

Rheinisch-Bergische Verlagsgesellschaft sold one of the main serious publishing house in the Czech rep.

Upcoming posts

GDPR in the Czech Republic

The Czech Image rights

 

Upcoming Events

No upcoming events

%d bloggers like this: