The National Commission for Data Protection ('CNPD') published, on 13 May 2022, its Deliberation No. 5FR/2022, as issued on 16 February 2022, in which it closed its investigations against an unnamed company, following investigations into its compliance with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and the Act of 1 August 2018 on the Organisation of the National Commission for Data Protection and Implementing the GDPR ('the Act').

Background to the decision

In particular, the CNPD stated that, on 14 February 2019, it opened an investigation into an unnamed company based on Article 31 of the Act to monitor the application and compliance of the GDPR and the Act regarding the use of geolocation and video surveillance devices. In addition, the CNPD stated that, on 15 March 2019 and 2 April 2019, its agents visited the premises of the unnamed company where the latter informed the CNPD that it does not use a geolocation system in its vehicles, but it uses video surveillance systems in its head office and its stores.

Moreover, the CNPD noted that, through a letter dated 2 December 2021, the unnamed company highlighted that it was a joint controller with another unnamed company, which is outside the jurisdictional scope of the CNPD, and stated that the responsibilities of the second unnamed company include making initial decisions on the implementation of the video surveillance system, handling data subject requests, and determining the necessary technical and organisational measures regarding the use of the same.

Findings of the CNPD

Following its investigations, the CNPD found that the second unnamed company was a data controller 'in whole or in part' concerning the video surveillance system under investigation. However, the CNPD noted that it did not have competent authority to proceed with the investigation against the second unnamed company since it fell outside its jurisdiction.

Outcomes

As such, the CNPD stated that, since there was no intervention from the Member State where the second unnamed company is established, it proceeded to close the investigation. 

You can read the decision, only available in French, here.