Current Overview
The installation of video surveillance systems in homeowners' associations has experienced significant growth. In 2022, the Spanish Data Protection Agency (AEPD) handled nearly 2,200 complaints related to video surveillance, representing a 26% increase compared to the previous year. This context has made video surveillance the second most frequent cause of complaints to the AEPD.
Benefits of Video Surveillance
- Prevention of theft and vandalism.
- Swift resolution of incidents in common areas.
- Detection of risky situations, such as assaults or drug trafficking.
- Deterrence of illegal activities (e.g., misuse of homes).
Main Risks and Conflicts
- Loss of privacy and protection of residents' personal data.
- Claims for invasion of privacy, especially when cameras capture images outside authorized areas.
Legal Requirements and Best Practices
Permitted Recording Areas
- Recording is only permitted in common areas.
- Capturing images in public spaces is only permitted if essential for security and only at entrances.
- Capturing images of homes, adjacent land, or any other space is prohibited.
Cameras with Motion or Zoom
- Privacy masks must be installed to prevent capturing images outside authorized areas.
Community Responsibility
- The community is responsible for complying with current regulations, even if it hires external video surveillance services.
Unauthorized Private Installations
- The installation of cameras by private individuals without proper consent is not permitted, especially if they point to common areas (such as landings).
Management and Access to Recordings
- Recording systems must be located in restricted areas.
- Only authorized personnel, using a username and password, can access the images.
Signage Obligation
- It is essential to post visible signs notifying you of the existence of the video surveillance system.
- The signs must identify the person responsible for the installation and provide contact information for exercising the rights set forth in data protection regulations.
Conclusion
Video surveillance can provide security and peace of mind in homeowners' associations, provided it is managed in accordance with current regulations and with respect for the privacy of residents. Strict compliance with the law not only avoids sanctions from the AEPD (Spanish Data Protection Agency), but also fosters a safe and transparent living environment.
