The data subject wanted to use the recordings as evidence in legal proceedings, as he/she also stated in the request. The company justified its decision of not restricting and giving out a copy of the recordings because the data subject did not indicate how deleting of the camera recording would infringe his/her legitimate interest, and in connection with what legal proceedings he/she requests the restriction of processing data of the camera recordings, although it is required to do so according to the Act CXXXIII of 2005 on the private security services and the activity of private detectives (Szvmt).
According to NAIH, the company violated the data subject's right to restrict data processing. According to Article 18 (1) (c) of the GDPR, it is sufficient for the data subject to argue that the restriction of the processing is necessary for the submission and enforcement of his legal claims. In this regard, Szvmt. is expected to be amended soon.
According to the opinion of NAIH, the company should have complied with the request of the data subject without consideration, since the reason stated by the data subject shall be sufficient to fulfill the request.
In imposing the fine, the Authority assessed the nature of the infringement as an aggravating circumstance, as it violated the applicant's rights, furthermore, the refusal of the request has led to the deletion of the recordings, which cannot be restored. It was a mitigating circumstance that the company committed the infringement for the first time, and also that the provision referred from the Szvmt. is still in force, which could have misled the company in its decision to deny the data subject’s request.