The European Court of Human Rights ('ECtHR') issued, on 28 November 2017, its decision ('the Decision') in Antović and Mirković v. Montenegro (Application no. 70838/13) ('the Case'), ruling that the installation of CCTV systems in seven amphitheatres in the University of Montenegro was unlawful.
The applicants alledged that the CCTV systems were collecting their personal data without their consent, were not pursing a legitimate aim and were not necessary in a democratic society, in violation of the Personal Data Protection Law 79/08 and 70/09 and Article 8 of the European Convention on Human Rights. While ensuring the safety of people and property was invoked as one of the aims of the installation of the CCTV, the ECtHR held that there was a lack of evidence that individuals or property were at risk. Moreover, regarding the claim that the CCTV had been installed for the additional purpose of monitoring teaching, the ECtHR stated that it was not a valid ground to introduce video surveillance since none of the exceptions, such as taping for educational purposes, applied. Additionally, the ECtHR found that the Government had not considered alternative measures before installing the CCTV systems. As a result, applicants were awarded €1,000 each as non-pecuniary damages as well as costs.