Is it legal to place video vigilance cameras in the communal areas of a Community, to prevent crime and vandalism, for example?
First of all, our FAQ with general info on the legality of CCTV camera´s on private property.
Specific info from the Data Protection with regards to CCTV cameras in Communities of Properties.
According to article 17 of the Law of Horizontal Properties, to be able to install CCTV cameras in a community of properties there would have to be a majority vote on this matter and when realised and cameras have been installed, the presence of cameras and recordings taking place must be clearly published on a notice in a visible spot, so that each individual affected can make use of their entitlement to access, rectification, cancellation or opposition.
Cameras can only be directed at communal areas and the recorder must be placed in a secure spot that community members cannot access. Recordings can only be saved locally, on a stand alone unit, not uploaded to a cloud e.g. Access to the recorded images should be through login with password.
The community or its Administrators should already have a file (fichero) with the Data Protection Agency, as they handle personal data of owners, but the video vigilance should be added to that. Access should be limited to the person listed on the ´Documento de Seguridad´ as the one responsible for handling data protection sensitive information. Usually the president or the administrator of the community or the firm hired to install and maintain the video vigilance system. Said Documento de Seguridad must be kept up to date.
The images cannot be kept on file for more than 30 days, unless needed as evidence.
We recommend hiring an accredited security firm, registered on the ¨registro de instaladores de telecomunicaciones¨ under Category ´C´ to install and maintain the video vigilance system.
Perhaps worth mentioning that in general, the images recorded with CCTV cameras are not viewed, unless an incident has taken place and even then, only by the one registered with the Data Protection Agency as responsible for handling data protection sensitive information.
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