Information Note on the Court’s case-law 218
May 2018
López Ribalda and Others v. Spain (referral) - 1874/13 and 8567/13
Judgment 9.1.2018 [Section III]
Article 8
Article 8-1
Respect for private life
Covert video surveillance of supermarket cashiers by employer: case referred to the Grand Chamber
The applicants worked as supermarket cashiers. In order to investigate economic losses, their employer installed surveillance cameras consisting of both visible, of which the applicants were given notice, and hidden cameras, of which they were not. The applicants were dismissed following video footage showing them stealing items. Before the European Court, the applicants argued, inter alia, that the covert video surveillance ordered by their employer had violated their right to privacy protected by Article 8 of the Convention.
In a judgment of 9 January 2018 (see Information Note 214), a Chamber of the Court held, by six votes to one, that there had been a violation of Article 8. In the Court’s view, the video surveillance carried out by the employer, which took place over a prolonged period, did not comply with the requirements stipulated in the relevant legislation and, in particular, with the obligation to previously, explicitly, precisely and unambiguously inform those concerned about the existence and particular characteristics of a system collecting personal data. The rights of the employer could have been safeguarded, at least to a degree, by other means, notably by previously informing the applicants, even in a general manner, of the installation of a system of video surveillance and providing them with the information prescribed in the Personal Data Protection Act. The domestic courts had failed to strike a fair balance between the applicants’ right to respect for their private life under Article 8 of the Convention and their employer’s interest in the protection of its property rights.
On 28 May 2018 the case was referred to the Grand Chamber at the Government’s request.
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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