JOINT CONCURRING OPINION OF JUDGES VUČINIĆ AND LEMMENS

1. We fully agree with the finding of a violation of Article 8 of the Convention. We would, however, have preferred a slightly different reasoning.

2. This case is about video surveillance in university auditoria where the applicants, two professors, have been teaching to their students. The main issue before the Court is whether Article 8 is applicable to the facts of the case.

While the majority consider that university auditoria are the teachers’ “workplaces” and approach the case as one relating to an interference in an employee’s private life by his employer (see paragraph 44 of the judgment), we would attach more importance to the nature of the activity that was placed under surveillance.

3. An important aspect of the right to respect for private life is the “right to live privately, away from unwanted attention” (see Smirnova v. Russia , nos. 46133/99 and 48183/99, § 95, ECHR 2003 ‑ IX (extracts); Sidabras and Džiautas v. Lithuania , nos. 55480/00 and 59330/00, § 43, ECHR 2004 ‑ VIII; Couderc and Hachette Filipacchi Associés v. France [GC], no. 40454/07, § 83, ECHR 2015 (extracts); Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland [GC], no. 931/13, § 130, ECHR 2017 (extracts); and Bărbulescu v. Romania [GC] , no. 61496/08, § 70, ECHR 2017 (extracts)).

However, Article 8 of the Convention also guarantees the development, without outside interference, of the personality of each individual in his or her relations with other human beings. There is thus a zone of interaction of a person with others, even in a public context, which may fall within the scope of private life (see P.G. and J.H. v. the United Kingdom , no. 44787/98, § 56, ECHR 2001 ‑ IX; Peck v. the United Kingdom , no. 44647/98, § 57, ECHR 2003 ‑ I; Perry v. the United Kingdom , no. 63737/00, § 36, ECHR 2003 ‑ IX (extracts); Uzun v. Germany , no. 35623/05, § 43, ECHR 2010 (extracts); Von Hannover v. Germany (no. 2) [GC], nos. 40660/08 and 60641/08, § 95, ECHR 2012; Couderc and Hachette Filipacchi Associés , cited above, § 83; Vukota-Bojić v. Switzerland , no. 61838/10, § 52, 18 October 2016; Magyar Helsinki Bizottság v. Hungary [GC], no. 18030/11, § 191, ECHR 2016; and Satakunnan Markkinapörssi Oy and Satamedia Oy , cited above, § 131).

There are a number of elements relevant to consideration of whether a person’s private life is concerned by measures implemented outside that person’s home or private premises. Since there are occasions when people knowingly or intentionally involve themselves in activities which are or may be recorded or reported in a public manner, a person’s reasonable expectations as to privacy may be a significant, although not necessarily conclusive, factor (see P.G. and J.H. v. the United Kingdom , cited above, § 57; Perry , cited above, § 37; Uzun , cited above, § 44; Vukota-Bojić , cited above, § 54; and Magyar Helsinki Bizottság , cited above, § 193).

4. The present case does not concern security cameras placed, for instance, at the entrances and exits of university buildings. It relates to the video surveillance of auditoria. While ensuring the safety of people and property was invoked as one of the aims of the measure (see paragraph 7 of the judgment), this justification was not considered credible by the Council of the Personal Data Protection Agency (see paragraph 11 of the judgment). The other aim invoked was monitoring of the teaching activities (see paragraph 7 of the judgment). The fact that it was the dean who had access to the tapes seems to confirm that this was indeed an aim pursued.

University auditoria are neither private nor public places. They are places where teachers meet their students and interact with them (see paragraph 44 of the judgment).

These interactions are of course not of a purely social nature. The setting is a very specific one. The teacher teaches students who are enrolled in his or her class. The relationship between teacher and students takes shape during the whole period of teaching (a year or a semester). In the auditorium the teacher can allow him- or herself to act (“perform”) in a way he or she would perhaps never do outside the classroom.

It seems to us that in such an interaction the teacher may have an expectation of privacy, in the sense that he or she may normally expect that what is going on in the classroom can be followed only by those who are entitled to attend the class and who actually attend it. No “unwanted attention” from others, who have nothing to do with the class. There may be exceptions, for instance when a lecture is taped for educational purposes, including for use by students who were unable to physically attend the class. However, in the applicants’ case there was no such purpose.

It seems to us that at least in an academic environment, where both the teaching and the learning activities are covered by academic freedom, the said expectation of privacy can be considered a “reasonable” one. Surveillance as a measure of control by the dean is, in our opinion, not something a teacher should normally expect.

Having regard to the specific features of the teacher-student relationship, we have no difficulty concluding that Article 8 of the Convention is applicable.

5. The foregoing does not mean that video surveillance in an auditorium is not possible.

There may be good reasons for putting an auditorium under video surveillance. But, since Article 8 is applicable, such a measure will then have to comply with the conditions set out in Article 8 § 2 (see paragraph 55 of the judgment). This means, among other things, that there must be a proper legal basis, that the scope of the surveillance must be limited, and that there are guarantees against abuse.

6. In the present case, we concur with the judgment insofar as it concludes that the interference in question was not in accordance with the law and therefore constituted a violation of Article 8 (see paragraphs 56-60 of the judgment).