Published on 26 July 2021

FIFTH SECTION

Application no. 30244/18 Toni JOVANOVSKI and Silvana JOVANOVSKA against North Macedonia lodged on 20 June 2018 c ommunicated on 6 July 2021

SUBJECT MATTER OF THE CASE

The application concerns video-surveillance of the applicants ’ (married couple) courtyard and storage of their personal data in the period between 2007 and 2011 by the first applicant ’ s father and brothers (“the defendants”) without the applicants ’ prior knowledge. On the applicants ’ request, the Personal Data Protection Agency held that the video recording was not in accordance with the Personal Data Protection Act and imposed a fine of EUR 250 on the first applicant ’ s father. Subsequently, three court levels dismissed the applicants ’ claim for compensation of non-pecuniary loss allegedly sustained from the video-surveillance holding that, inter alia , the applicants could not expect privacy in the courtyard, which was in joint ownership with the defendants.

QUESTION TO THE PARTIES

1. Have the State authorities complied with their positive obligation to protect the applicants ’ right to respect for their private life as guaranteed by Article 8 of the Convention? (see, mutatis mutandis , López Ribalda and Others v. Spain [GC], nos. 1874/13 and 8567/13, § 111, 17 October 2019 )

APPENDIX

No.

Applicant ’ s Name

Year of birth/registration

Nationality

Place of residence

1.Toni JOVANOVSKI

1971Macedonian/ citizen of the Republic of North Macedonia

Ohrid

2.Silvana JOVANOVSKA

1973