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 as long as these are aimed to record exclusively common areas and small outer strips that give access to these common areas need a formal agreement approved on a general meeting by a majority of 60% of the owners who in turn represent the 60% of the ownership participation quotas. Such agreement makes the payment of the costs compulsory for everyone. It is not necessary for this 60% majority of favorable votes to be reached in the Owners’ Board, it is sufficient for the approval by a simple majority of favorable votes as long as they represent the simple majority of participation fees. The decision to install security cameras in the community of neighbors by agreement in GM, will be notified to the absent owners, who will have 30 days from the notification to express their discrepancy to the agreement. In the event that they do not show any discrepancy, their vote and corresponding participation fee shall be counted as a favorable vote. After 30 days and all votes and participation fees are sufficient, the agreement to install security chambers in the neighborhood community will be considered valid provided that the favorable votes represent the 60% of the owners who in turn represent the 60% of the ownership participation quotas as we have already said.
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, limitation of use and objection. d) The identity and address of the data processing controller or, as the case maybe, the representative. SEE ALSO THIS SUMMARY OF OBLIGATIONS FOR OWNERS’ COMMUNITIES AND VIDEO SURVEILLANCE.