β οΈ Legal notice & defence of service
The trail camera, SD card and its contents (including trap files) are the property of the account holder, protected under Β§Β§ 123 and 126 of the Slovak Civil Code and Article 20 of the Slovak Constitution (with equivalent property protections in other EU jurisdictions). Theft of the camera is unlawful β depending on the device's value, it qualifies as a misdemeanour against property under Β§ 50 of Act No. 372/1990 Coll. (up to 700 β¬) or as the crime of theft under Β§ 212 of the Slovak Criminal Code (above 700 β¬, or lower in case of repeat offences); subsequent opening of files from the SD card on the offender's device is knowing unlawful handling of another person's property. In the Czech Republic, equivalent provisions apply (Β§ 1040 Civil Code and Art. 11 of the Charter for ownership; Β§ 8 of Act No. 251/2016 Coll. for misdemeanour theft up to 10 000 CZK; Β§ 205 of the Criminal Code above that, or regardless of value on repeat offence). Activation of a trap file is a technical measure taken by the owner to protect and restore the property right β conceptually the same category as security cameras, vehicle GPS trackers, or services such as Find My iPhone and Prey. The European Data Protection Board (EDPB) confirmed in 2022, via a decision of the Slovenian supervisory authority, that safety of property may constitute a legitimate interest for such processing of personal data, provided the measure is appropriate and necessary.
Even so, data captured by trap files (IP address, GPS, browser fingerprint, photo, phone number) remain personal data under GDPR β even when the subject is a thief. They are processed by the account holder under the legitimate-interest legal basis (Art. 6(1)(f) GDPR) β protection of property, identification of the offender, and handover to law-enforcement authorities. They are intended solely for filing a police report and recovering stolen property.
Publishing on social media, threatening the thief or any vigilante use may breach GDPR and national privacy law β investigating and punishing offenders is the competence of police and courts. Responsibility for handling the data lies with the account holder. We recommend consulting a lawyer or your national data-protection authority before deploying inside the EU.