Request to data user
If a public authority or a private individual or entity possesses video recordings that reflect your conduct, you are entitled to request their deletion if you:
- have not consented to being filmed and/or
- consider that there are no relevant reasons why the data user should retain the footage
Thus, for example, if you have been monitored in a supermarket whilst shopping, and you may be identifiable in the footage, you can ask the administration of the supermarket to delete the particular recording, unless there are specific legitimate aims for its retention, for example, if it is needed to investigate an incident.
Appeal to Data State Inspectorate
If the authority or person has refused to perform this action, you have the right to complain to the Data State Inspectorate. In your application you should indicate:
- the kind of action that you expect from the authority or person
- if possible, the relevant provisions of the General Data Protection Regulation which have been violated
- arguments as to why the authority or person should have fulfilled your request
- and include relevant documents that substantiate your opinion, if there are any
The Data State Inspectorate will assess whether the data user has acted lawfully and, if necessary, may order the data user to delete the video.
Appeal to Administrative court
If you are not satisfied with the decision taken by the Data State Inspectorate, you can challenge the decision in the Administrative court and in addition, ask for compensation. You can learn more how to prepare your application in Administrative Procedure Law.
The Administrative court will assess whether the data user has acted lawfully and, if necessary, may oblige the Data State Inspectorate to order the data user to delete the video recordings. The court may also order compensation if you have requested it.
Articles 23-24, 36
Applicable as of 25 May 2018
Articles 184, 186 – 189
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe