12 Apr The president of our owner’s community says surveillance security cameras cannot be placed outside our house according to Spanish law, is he right?
No, he is not. Video surveillance cameras in buildings owned by community of owners need a formal agreement approved on a general meeting by a majority of 60% of the owners, and such agreement makes the payment of the costs compulsory for everyone. As it is well known, such quorum is not just determined by the results of voting on the meeting itself, but after the finishing of the term for possible opposition, if oposing owners (absent on that meeting) have not downgraded such 60% majority.
It is a different case, however, when a person has purchased a detached or semi-detached villa choosing an independent life, (even though such ownership could also be legally subject to rules for community of owners), and then one neighbour, without any agreement, installs private security surveillance cameras to survey the property’s external area, the recording also reaching the neighbour in a way that there is a record about the comings and goings of the persons therein living. Such a thing is a breach of intimacy.
In all cases where recording of images by surveillance cameras take place the law forces to place information signs at least in the entrances leading onto the areas under surveillance to inform persons whose images are being captured. The file controller must also make available a printed handout with all the information laid down in Article 5 LOPD. This handout will, hence, include information at least on the following: a) the existence of a personal data file or processing arrangement, b) the purpose behind collecting the data and the recipients of the said the information.c) the possibility of exercising the rights to data access, rectification, cancellation and objection. d) The identity and address of the data processing controller or, as the case maybe, the representative.