Post by account_disabled on Mar 12, 2024 4:25:53 GMT -6
Avehicle's license plate is personal data and requesting images from a parking lot's surveillance cameras to ensure that the vehicle has not suffered damage while it has been on the premises is part of the right of access. The company that manages the parking must deliver these recordings, taking appropriate measures to anonymize the data of other users who may appear in the images. This is what emerges from a resolution of the Spanish Data Protection Agency, which agrees with one of the parking customers.
The user whose complaint motivated this resolution Email Data requested from the company that managed the premises, where he had parked his car for two hours, “ all the images or videos recorded by means of video surveillance cameras in the facilities” in order to verify the status of the car at the exit and entrance of the parking lot in order to determine if, during the time in which the vehicle was parked, it suffered any damage to the left side and thus be able to identify the cause through the pertinent complaint .
The company responded that " unless required by a judicial or administrative authority " they could not provide the recordings since it includes information from many other users, protected by regulations on the protection of personal data. In addition, they stated that they had reviewed the available images and that they cannot see the place where the vehicle was parked or the possible damage that could have been caused by another user's vehicle.
Once the Spanish Data Protection Agency addresses the company, it adds that it has two cameras, one for entry and one for exit, which record at a very low level of resolution . They affirm that the images have been preserved as a precaution, but that what is being claimed is not personal data so the claimed party should, where appropriate, provide the images due to the duty of safekeeping and custody under the provisions in Law 40/2002 regulating the vehicle parking contract, but not by data protection regulations.
The user whose complaint motivated this resolution Email Data requested from the company that managed the premises, where he had parked his car for two hours, “ all the images or videos recorded by means of video surveillance cameras in the facilities” in order to verify the status of the car at the exit and entrance of the parking lot in order to determine if, during the time in which the vehicle was parked, it suffered any damage to the left side and thus be able to identify the cause through the pertinent complaint .
The company responded that " unless required by a judicial or administrative authority " they could not provide the recordings since it includes information from many other users, protected by regulations on the protection of personal data. In addition, they stated that they had reviewed the available images and that they cannot see the place where the vehicle was parked or the possible damage that could have been caused by another user's vehicle.
Once the Spanish Data Protection Agency addresses the company, it adds that it has two cameras, one for entry and one for exit, which record at a very low level of resolution . They affirm that the images have been preserved as a precaution, but that what is being claimed is not personal data so the claimed party should, where appropriate, provide the images due to the duty of safekeeping and custody under the provisions in Law 40/2002 regulating the vehicle parking contract, but not by data protection regulations.