Understanding the legalities of security cameras in Spain

If you're concerned about home security in Spain, the installation of security cameras may seem like a straightforward solution. However, the legal landscape surrounding this matter is complex and nuanced. This article delves into the regulations governing the use of security cameras in private and public spaces, ensuring that homeowners are well-informed before making any decisions.

The law

In Spain, the general rule permits the recording of images on private property, yet there are stringent limitations regarding the capture of public spaces. According to the Spanish government's regulations on security cameras, cameras installed in private areas may not collect images of public areas unless absolutely necessary for surveillance purposes or unavoidable due to their location.

When it comes to common areas in private buildings, decisions must typically be made by "la comunidad," akin to a homeowners' association, with the approval of a majority of property owners.

Key regulations to follow include:

Registration: Before installing any camera, the owner must register it with the Spanish Agency for Data Protection (AEPD).

Notification: It is mandatory to display visible stickers alerting individuals that they are in a video surveillance area. This notice must include camera registration data and information on how individuals can request deletion of their images.

Access Control: Only the camera owner may access recorded images. If the footage is accessible online, it must be secured with a username and password.

Secure Location: The storage area for the video surveillance equipment must itself be secure, ensuring that only the registered owner can access it.

Data Retention: Recorded images must be retained for a maximum of 30 days.

- Can I legally record a neighbour's property or a public space?

The answer is a definitive no. Recording images from public areas such as streets or neighboring properties is not legally permissible. However, if a small portion of public space is inevitably captured due to the camera's location—such as a shared entrance—exceptions may apply. In such cases, it is advisable to discuss this openly with neighbors and seek legal counsel.

- What about cameras facing my front door?

Technically, if a camera solely records your property, including the area in front of your door, it is not illegal, as this is considered a private domestic matter and falls outside the purview of data protection laws.

- Can I install security cameras in the common areas of my building?

Yes, but such an installation requires the approval of "la comunidad," with a three-fifths majority needed during a meeting to secure consent.

Can I install cameras to monitor workers on my private property?

If you wish to record individuals working on your property, such as builders or cleaners, you must inform them in advance to comply with legal standards.

- What happens if I record a crime with my security camera?

Should your camera capture footage of a crime, you are legally obligated to submit this material directly to the police. The footage must not be used for any other purposes.

In conclusion, while security cameras can enhance your peace of mind, understanding Spain's laws is crucial. Homeowners must navigate these regulations carefully to ensure compliance and protect the rights of all individuals involved.