Hello and welcome back to a new article on our blog. It is well known that security cameras allow the recording of personal information in the form of images. This system helps us have graphical evidence in case a problem occurs. And in the best of cases, be able to intervene before said setback happens.
However, there is a certain percentage of the neighborhood community that does not fully agree with the installation of these cameras. Since they feel very exposed, or they think that their privacy rights may be violated. This is not entirely true, because before proceeding with any type of installation, certain factors must be clear.
Don't worry if you don't know what they are, since Southern, we will explain in a simple way everything you need to know about video surveillance cameras.
Let us begin;
The existing laws that are related to, or mention, security with video surveillance in Spain are the following:
- GDPR (General Data Protection Regulation)
- LOPDGDD (Organic Law on Data Protection and Guarantee of Digital Rights).
- Law 5/2014, of April 4, on Private Security
In article 22 of the LOPDGDD Law it mentions that:
“Natural or legal persons, public or private, may carry out image processing through camera or video camera systems in order to preserve the security of people and property, as well as their facilities.”
It is necessary that a meeting of the Board of Owners of said community be held to approve the installation of video surveillance cameras. To be more exact, a favorable vote will be needed of three fifths of the owners.
Once all members agree, they must record the approval in writing in the minute book of said meeting.
In the minutes it is advisable to specify the characteristics they will have. That is, the number of cameras that the community will have, where they will be located, if they will be 24 hours a day, if at certain times of the day there will be a security person looking at the images... etc.
Following this point, certain obligations must be followed, which are:
1. REPORT ON THE EXISTENCE OF THE CAMERAS.
Information signs should always be posted about the existence of these cameras, making it clear that at that moment it is being recorded.
In addition, the posters must mention that the person responsible for said images will be property of the community. Also, about how the person who has been recorded can exercise the rights provided for by data protection regulations, as well as where to obtain more information about the processing of personal data.
2. SECURE THE INSTALLATION LOCATION.
The cameras will only be able to capture images of the common areas of the community. In this way, the places that are considered common areas must be specifically written in the minutes. (Pools, elevators, stairs, entrance, patio, garages...etc).
Images of public roads may not be captured except for a minimum strip of the entrances to the property. (as could be an entrance to the portal).
If orientable and/or zoom cameras are used, it will be necessary to install privacy masks to avoid capturing images of public roads, land and third-party homes. If you have ever looked at a security recording, there are certain areas that we see more blurred, unclear or directly censored by a black or gray block, this is due to the privacy mask.
In the same way, the cameras must be placed in visible places and exposed so that neighbors can know where they are being recorded from.
3. SPECIFY WHO HAS ACCESS TO THE IMAGES.
Access to the images will be restricted to people designated by the community of owners. It is necessary that the person in charge of processing the images be an Approved Security Company. This is because certain technical resources are needed for images to be properly protected.
The recording system will be located in a monitored or restricted access location. Once again, only authorized personnel will access the recorded images. They must enter a user code and password.
Once the system is installed, it is recommended to change the password regularly, avoiding easily deductible ones.
If access is made with an internet connection, it will also be restricted with a user code and password.
Or any other means that guarantees secure identification and authentication. These data will only be known by people authorized to access the images. In no case will they be accessible to neighbors through a community television channel.
4. DURATION OF CONSERVATION OF INFORMATION.
According to Organic Data Protection Law, the images will be kept for a maximum period of one month from their capture.
They may be kept longer in case they are needed as evidence of a crime. In this case, the images must be made available to the authorities within 72 hours of becoming aware of their existence.
The Security Forces and Bodies may have access to the recordings in the prevention of criminal acts, the protection of people and the conservation and safeguarding of property that is in danger.
In the same way, images used to report crimes or infractions will accompany the report. It will be possible to preserve them to be delivered to the Security Forces and Corps or to the Courts and Tribunals that require them. They may not be used for any other purpose.
Recordings cannot be deleted if they have been requested by the judicial authority within the framework of an investigation.
If the Community of Owners does not comply with these requirements, it could face significant sanctions from the Spanish Data Protection Agency, between €900 and €600,000.
Video surveillance cameras, used properly, They are an effective security system when it comes to preventing crimes and avoiding criminal behavior or acts of vandalism., due to its great deterrent power, since no one who does something illegal or illicit wants to be recorded.
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