The Spanish authority declared the expiration of a sanction procedure concerning the installation of a video surveillance camera, due to exceeding the legal twelve-month period it had to rule.

Facts and context

The Spanish Data Protection Authority (AEPD) published a decision declaring the expiration of the sanction procedure initiated against an individual for alleged breaches related to the installation of a video surveillance camera.

The case began with a complaint filed on August 23, 2022, by a neighbor, concerning a camera installed at the entrance of a dwelling that was directed towards common areas, without the authorization of the homeowners' association and without the required informative signage.

Reasons for the decision

The authority's decision does not address the substance of the case but a procedural defect. The authority based its decision on the following reasoning:

• Expiration of the procedure: The authority found that the sanction procedure, initiated on March 13, 2023, for an alleged violation of Article 6 of the GDPR, had exceeded the maximum duration of twelve months provided by Article 64 of the Spanish Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD). In the absence of a final decision notified within this period, the authority was legally required to declare the expiration of the procedure and archive the file, in accordance with Articles 21, paragraph 1, and 25, paragraph 1, point b), of the Law on Common Administrative Procedure (LPACAP).

Authority's decision

Consequently, the authority declared the expiration of the procedure and proceeded to archive the file.

Lessons learned

This decision reminds that:

• Sanction procedures conducted by supervisory authorities are subject to strict deadlines provided by national law, non-compliance with which may result in the expiration of the procedure and the archiving of the file without a decision on the merits.
• The closure of a procedure due to expiration does not extinguish the supervisory authority's action, which retains the possibility to initiate a new procedure for the same facts as long as the infringement is not time-barred.