18 Nov SUMMARY OF OWNERS’ COMMUNITIES OBLIGATIONS ON VIDEO SURVEILLANCE:
First of all, it should be noted that images WILL BE ALLOWED to be captured in common areas or elements of communities of owners. Both the Law and the Spanish Data Protection Agency allow it and consider it fully compatible with the obligations on Data Protection
IT IS NECESSARY THAT THE MEASURE OF INSTALLING AND USING VIDEO SURVEILLANCE IS AGREED BY THE OWNERS’ BOARD GENERAL MEETING according to the ordinary system of summons and the majority requirements of votes provided for ordinary or extraordinary boards in the Spanish Horizontal Property Law. The agreement about approving the installation of video surveillance cameras will suffice. However, it would be desirable for the agreement to reflect the characteristics of the video surveillance system, number of cameras and spaces they capture.
Upon this requirement, the community of owners as the controller will be subject to all other obligations imposed by the data protection regulations.
THE CAMERAS MAY ONLY CAPTURE THE COMMON AREAS of the community; the recording of images of the public road is not feasible, except for a minimum range of access to the property. Images of adjoining lands and dwellings or any other space outside may not be captured. In the latter case, if adjustable and/or zoom cameras are used, the installation of privacy masks will be necessary to avoid this recording.
In addition, special consideration should be given to the following:
· one or more POSTERS will be installed in the different accesses to the video surveillance area and, in a visible place, informing that a monitored video area is accessed. The installation of camcorders in the community pool will also be governed by the rules described above, since it is a common area of the community of owners.
· The poster will clearly indicate the existence of the processing, the identity of the controller, the possibility of exercising the rights of Article 15 to 22 of the GDPR and a reference to where to obtain more information on the processing of personal data.
· The Spanish Data Protection Agency has a poster model.
· Access to images will be RESTRICTED to persons designated by the owner’s community.
· Under no circumstances shall they be accessible to neighbours via a community television channel.
· If access is made with an internet connection, it will be restricted with a user code and a password (or any other means that guarantee identification and unique authentication), which will only be known to the persons authorized to access such images.
· Once the system is installed, it is recommended to change the password regularly, avoiding the easily deductibles.
· The remaining information required by Article 13 of the GDPR shall be made available to those affected. Information may be available at concierge, reception, offices, bulletin boards or be accessible via the internet.
· The hiring of an external video surveillance service or the installation of cameras by a third party does not relieve the community of compliance with data protection legislation, which has to ensure on its own account to comply with all data protection obligations and verify that the contracted company or third party is able to also comply with those obligations with respect to images since the Community is responsible.
Is that all a community of owners has to comply with data protection laws?
I’m afraid not, since the above is a summary of the requirements due to the specificity of video surveillance, but not of the obligations on security measures, the protection of privacy, the effective availability to serve the rights of interested parties, the data integrity, etc. that the communities have to comply not only with regard to video recordings, but also and in general with respect to the personal data that are processed.