Video Surveillance in Homeowners’ Communities

Installing Video Surveillance in a Community of Owners is more common than it may seem, so the Community is responsible for the processing of data provided by this security system, and therefore, is subject to the obligations and responsibilities of the Data Protection Regulations(RGPD and LOPDGDD).

Thus, a Community of Owners may decide to install video surveillance cameras in order to improve or reinforce the security of the premises.

To this end, certain requirements must be taken into account so that the installation is in line with the provisions of the data protection regulations:

Legal requirements for video surveillance

The decision must be approved by the Owners’ Meeting and must be reflected in the Minutes Book of the same. In the agreement of the Meeting, it is advisable to make a brief description of what type of video surveillance system will be installed, as well as its characteristics.

If the installation is carried out by an external party, this does not exempt the homeowner’s association from having to comply with data protection regulations.

As part of the obligations of the data controllers, the new video surveillance activity must be reflected in the Register of Processing Activities of the Community of Owners.

A risk analysis must be carried out prior to the installation of video cameras, and the necessary security measures must be taken.

Installation Requirements

Cameras can only be installed in common areas (stairways, patios, corridors, gardens, community pool, garage, etc.).

It is strictly forbidden to install video surveillance cameras on the public road, and they may only capture images of the public road, land or adjacent spaces as strictly necessary (minimum strip), such as the entrance to the premises through the pedestrian gates or the garage.

If the cameras are pivoting or have a zoom function, they must have privacy masks (filters) to prevent filming of the roadway, land or adjacent spaces.

Information Requirements

In the areas where the cameras are located, a sign must be placed in a visible place, informing people that they are in a video monitored area, and the sign must include the basic information of the data controller (in this case, the homeowners’ association), where to exercise their data protection rights and if there is a Data Protection Delegate.

Forms for the exercise of rights must be available at physical locations in the building or complex (concierge, reception, offices) or on the website, if any.

Image Access Requirements

If access is direct, it will be restricted to persons authorized by the community.

If access is via web/internet, an account with user name and password should be created and known only to authorized persons. The password should be strong(see recommendations) and changed frequently.

Owners are prohibited from accessing the images through a community TV channel.

Image preservation requirements

They shall be kept for one month from the time they are collected; thereafter, they shall be deleted.

If a crime or infraction is captured in the images, the images will accompany the report and will be kept for this purpose.

Video Surveillance Specialties

Parking spaces

Although the parking space is not owned by the community, it is located in a common area, such as the garage of the building. If an owner would like to install a video surveillance camera in his parking space, he must do so in such a way that it only focuses on the specific space of the parking space, and at most, the minimum indispensable strip of the common area. The owner of such a camera must be responsible for the processing of the data recorded in the device, and must have received authorization for the installation from the Board of Owners.

Video door phones and digital peepholes:

If the function of the video doorbell/digital peephole is only to identify who rings the doorbell and whether or not to facilitate access to the premises (without recording anything), then this activity does not need to be included in the register of processing activities, nor is it subject to data protection regulations.

If, on the other hand, the images are recorded and/or it is possible to have access to what happens inside the reception or concierge office through the video intercom/digital peephole, then it is necessary to include it in the register of processing activities, and it will be subject to data protection regulations.

Single-family houses:

If the video cameras are installed inside the house, they are considered to be for personal/domestic use, so data protection regulations do not apply. If the video cameras are outside, with the capacity to capture passers-by or public roads, even in the minimum possible area, they will be subject to data protection regulations.

If the security video camera service is offered by an external provider, it must comply with the provisions of Law 5/2014, of April 4, 2014, on Private Security.

Right-of-way easements:

Data protection regulations shall apply, since the easement may be used not only by the owners and authorized persons, but also by third parties owning the dominant property of the easement.

Business Adapter® advises you

If you need help to comply with data protection regulations, contact us by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form:

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