Hidden cameras: the CNIL sanctions the SAMARITAINE
www.cnil.fr
Background information In August 2023, due to the increase in cargo thefts in its reserves, the company SAMARITAINE SAS placed new cameras in two reserves. These cameras took the appearance of smoke detectors and made it possible to record sound. Discovered by employees, the cameras were removed in September 2023. The CNIL’s attention was drawn to these facts by a press article of 25 November 2023. Shortly thereafter, it received a complaint concerning the same matters. In the days that followed, the CNIL conducted an investigation.

In August 2023, due to the increase in cargo thefts in its reserves, the company SAMARITAINE SAS placed new cameras in two reserves. These cameras took the appearance of smoke detectors and made it possible to record sound. Discovered by employees, the cameras were removed in September 2023.

The CNIL’s attention was drawn to these facts by a press article of 25 November 2023. Shortly thereafter, it received a complaint concerning the same matters. In the days that followed, the CNIL conducted an investigation.

On the basis of the findings made during that investigation, the restricted committee – the body of the CNIL responsible for imposing sanctions – fined the company SAMARITAINE SAS EUR 100,000 for several infringements of the GDPR. As a follow-up to the European Court of Human Rights (ECHR), the restricted committee recalled that an employer can install hidden cameras in exceptional circumstances and provided that a fair balance is struck between the objective pursued (the protection of property and persons) and the protection of employees’ privacy. For example, in order to be proportionate, such a device would need to be temporary and deployed after a documented analysis of its compatibility with the GDPR and in light of exceptional circumstances.