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Lithuania / Supreme Court / 3K-3-430-415/2015

Č. S. v I. L.

Policy area:
Information society
Deciding Body type:
National Court/Tribunal
Decision date:

Key facts of the case:

The claimant and the respondent were joint owners of a plot of land and a house. The respondent decided to install surveillance cameras on his part of the building in 2009 without asking the claimant for permission. The claimant submitted that his part of the land plot and the house were under constant surveillance by the respondent’s cameras. Such statement was found to be true by lower instance courts. The applicant requested a decision of the court ordering removal of cameras and prohibition to install them without his permission. The court of first instance rejected the applicant’s claim by stating that there were no laws, prohibiting the respondent to install cameras on his property in order to ensure its protection. The County Court of Vilnius granted the appeal of the applicant and ruled in his favour. The respondent lodged the cassation complaint before the Supreme Court of Lithuania, but the later upheld the judgment of the County Court of Vilnius.

Outcome of the case:

The Supreme Court of Lithuania, taking into account the constitutional status of the right to privacy and the protection of personal data, decided that the exception of “purely” private use should be interpreted narrowly and decided in favour of the claimant: the Supreme Court of Lithuania upheld the decision of the County Court of Vilnius, ordering the respondent the removal of surveillance cameras from the building.