Wednesday, March 8, 2023

Surveillance cameras in property communities

Surveillance cameras in property communities are popular to enhance security but must comply with regulations, such as obtaining consent and respecting proportionality.

Surveillance cameras in property communities have become an increasingly popular tool to enhance security in common areas. However, it is important to note that before installing video surveillance systems in a residential building, various regulations must be taken into account, which may affect their use and operation.

In Spain, the installation of surveillance cameras in public or private spaces is regulated by the Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights. This regulation establishes a series of requirements that property communities must meet if they wish to install security cameras in their buildings.

One of the main requirements is to obtain express consent from all residents before proceeding with the installation of cameras. It is important to note that this consent must be granted individually for each of the common areas or spaces that are intended to be monitored, and must clearly specify the purpose of video surveillance.

In addition, the property community must comply with the principle of proportionality, which means that surveillance cameras should only be used for the specific purpose for which they were installed, while always respecting the fundamental rights of the people that may be captured by them. For example, cameras should not be installed in areas where a certain degree of privacy is guaranteed, such as bathrooms, bedrooms or terraces.

The regulation also establishes that the property community is responsible for ensuring the proper conservation and maintenance of surveillance cameras, and for ensuring that only authorized persons have access to the captured images. Before proceeding to delete images, it must be ensured that they cannot be used for a purpose other than that for which they were captured.

In the event that the property community decides to install surveillance cameras without complying with the established regulations, it may face serious economic and legal sanctions, as well as possible complaints from affected residents.

In summary, the installation of surveillance cameras in property communities can be an effective measure to guarantee security in common areas, but it is important to take into account the regulations that affect their use and operation. The property community must obtain express consent from all residents before installing cameras, respect the principle of proportionality, and ensure the proper conservation and maintenance of the cameras.

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