Is video surveillance of training areas in fitness studios possible from a data protection perspective? The Bavarian State Office for Data Protection Supervision (BayLDA) addressed this question in its 11th Annual Report 2022 , referring to the judgment of the Ansbach Administrative Court (Case No. AN 14 K 20.00083) issued on February 23, 2022 Video surveillance in gyms.
The data processing associated with video surveillance represents a significant infringement on the general personal rights of those training.
Implied consent Video surveillance in gyms
7 GDPR and Art. 4 No. 11 GDPR, consent must be given by a clearly affirmative action of the data subject. Furthermore, brazil business fax list Recital 32 of the General Data Protection Regulation clearly states that mere silence. Acknowledgment of the sign indicating video surveillance, does not constitute consent.
Fulfillment of the contract
Likewise , Article 6 (1) (b) GDPR does not serve as a legal basis for video surveillance. The basic idea is that it is part of the fitness studio’s contractual obligations to protect its users from theft and assault. While such protective obligations certainly exist, there are a few things to the court found that these do not go so far as to require continuous video surveillance to fulfill these obligations. The operator of a fitness studio is not obligated to protect its users from all conceivable harm.
Legitimate interests of the fitness studio
As a result, the BayLDA and the VG Ansbach also reject Art. 6 Para. 1 S. 1 lit. f) GDPR as the legal basis for video surveillance, according to which data processing is lawful if the processing is “necessary to protect the legitimate interests of the controller or of a third party, marketing list unless the interests or fundamental rights and freedoms of the data subject which require protection of personal data prevail (…)” .
