Data protection : Your community often suffers from damage: bumps or scratches on the walls, the lift is dirty… sometimes even locks are damaged due to misuse.
That is why you are thinking of monitoring these areas with cameras.
Will this measure help?
Protección de datos en la Videovigilancia
Although video surveillance systems are effective in determining liability, it is important to remember that, in addition to entailing a cost, they affect people ‘ s right to privacy and involve the processing of their personal data (their own image).
Attention!
For this reason, their installation and use must meet certain requirements and access to the recordings is restricted.
Data protection law requirements for the installation of community cameras
Agreement of the owners’meeting
The installation of cameras requires the agreement of the community and a justification (e.g. for security reasons; in your case, to prevent the entry of outsiders or possible burglary – as some locks are frequently broken and the mere presence of the camera could persuade neighbours to make civic use of these spaces).
Important
The General Data Protection Regulation (GDPR) requires the approval of such a measure by a qualified majority of 3/5.
Privacy of neighbours
On the other hand, their installation and use must be in compliance with data protection regulations.
In particular, attention should be paid to:
Location of cameras
Cameras may only be placed in common areas of the building (corridors, entrances, garages or gardens).
Under no circumstances should they capture images of the interior of the dwellings or of the public road and, if the cameras are tilting or zooming cameras, “privacy masks” (areas blurred or censored by a black or grey block in the image) should be installed on them.
Proportional
Only the minimum necessary for the intended purpose should be installed (if one is sufficient, no more can be installed).
Camera signage
They should be exposed (so that people know where they are being recorded from).
In addition, signs should be put up informing about their existence, the details of the person responsible for the images, how data protection rights can be exercised and where to find out about them.
Video surveillance cameras are a great deterrent and an effective security system to prevent criminal behaviour or acts of vandalism.
However, their installation must be agreed at a meeting and must comply with data protection regulations.
What use can be made of the images?
Custody of images
Captured images must be stored securely and can only be kept for as long as necessary (maximum 30 days – unless a judge or the police say otherwise).
It is recommended that the processor be an approved security company, as certain technical resources are required to protect the images properly.
Viewing the images
Finally, only persons authorised by the community (normally the president or the administrator) may have access to the recordings, and only if there is a justified reason.
For this purpose:
- The person who has been authorised by the community to view the images must request access to the images from the company that has custody of them.
Normally they are required to fill in a form indicating their details as authorised, the time slot they wish to view (day and time slot) and the reason for the request.
- In order to access the images, there must be a sufficiently important reason to justify it.
Thus, if there is vandalism, or a crime such as theft, the exposure of the personal data of the neighbours (their images) will be justified because it will shed light on the facts.
On the other hand, it is unreasonable to gain access just because chewing gum is thrown on the floor or the lift is stained by a broken rubbish bag.
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