An overview of the case law of the European court of human rights pertaining to personal data processing through CCTV

Abstract

The rapid development of new technologies, including artificial intelligence, which are used in order to process personal data, represents an increasing challenge for the legislator, when it comes to protecting the right to privacy guaranteed by Art. 8 par. 1 of the European Convention on Human Rights, but also Art. 42 of the Constitution of the Republic of Serbia which explicitly guarantees the right to personal data protection. In this regard, the standards established by the decisions of the European Court of Human Rights in the interpretation of the scope and content of the right to privacy and other rights and freedoms guaranteed by the Convention are an integral part of the legal system of the Republic of Serbia. These standards are of particular importance, given that the processing of personal data through video surveillance is not expressly regulated in our law. The paper presents the practice of the European Court of Human Rights, which addresses key issues pertinent to the processing of personal data through video surveillance, in the light of the standards that the Court applies to assess the legitimate limitation of the right to privacy, including the recent judgment in which the Court first expressed its opinion on the processing of personal data through video surveillance with the option of facial recognition.

Keywords

• european convention on human rights
• right to privacy
• personal data processing through cctv
• legitimate interference with the right to privacy