The installed camera, which could include a view of the interior of the cabin that is dedicated to trying on clothes by customers, had caused one person to express his concern and send the case to the Agency for Information and Privacy (AIP).
This incident occurred in a supermarket in the municipality of Gjilan. The stall in this supermarket had been opened from above, which enabled the camera in front of it to record.
The person who had expressed his concern regarding this case to AIP had attached a photograph as evidence that showed the location of the camera in question.
Upon receiving the case, AIP officials began an inspection of the market in question to verify the complainant's claims.
During this inspection by AIP officials, it was determined that the Proex Sh.PK market has a camera surveillance system installed in the exterior and interior of the facility, while one camera identified a cabin (strip), where its upper part was not completely blocked, and from the camera's view, the customer's head was visible.
All of this resulted in a violation of privacy by the subject. On 11.03.2025, AIP imposed a fine of 8 thousand euros on the market in question, and ordered it to remove the camera surveillance system located in front of the clothing fitting room.
Further, according to the AIP's decision, the market in question has been ordered to apply camera surveillance in accordance with the Law on Personal Data Protection and to pay the imposed fine of 8 thousand euros within 30 days, reports Kallxo.
Article 78, paragraph 3, of the LPDhP, stipulates that "camera surveillance is prohibited in spaces outside the workplace, especially in changing rooms, elevators, sanitary areas and in work spaces with the potential to violate the privacy of employees."
According to this law, an individual in a testing booth has the right to feel that they are enjoying a guaranteed level of privacy, which is inviolable and impossible to be violated by any form of surveillance.
Placing a camera surveillance system in front of a clothing fitting room that is open from above and allows the head of the person in the room to be seen is considered a direct violation of privacy under the Personal Data Protection Law.
No appeal is allowed against this decision of the AIP, while the dissatisfied party may initiate an administrative dispute at the Basic Court in Pristina, Department for Administrative Affairs, within 30 days from the date on which the decision was delivered.
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