HEALTHPLAN MAGAZINE

When you own a property in Spain, you want to ensure its safety and security. One way to do this is by installing security cameras. However, it's not as simple as putting up cameras and calling it a day. You need to be aware of the legal framework and regulations that apply to camera installation in Spain.

In this article, we'll explore the key aspects of installing video cameras to protect your home in Spain. Whether you're a homeowner or a property manager, you'll find useful tips and answers to common questions.

We'll explore important topics related to installing video cameras in your home in Spain, such as:-

• The legal framework that applies to camera installation
• The rules and guidelines for data protection
• The laws regarding the recording of public spaces
• Shared common areas within private communities
• The use of cameras inside your home
• And much more

By covering these essential areas, you'll gain a better understanding of what's involved in installing security cameras, so you can make informed decisions about protecting your home and loved ones.

Is it legal to install security cameras to protect my property in Spain?

Yes, it is perfectly legal.

However, if you plan to use security cameras to secure your property, it's important to be aware of the following regulations:-

• Before capturing any images or videos, you must register your camera with the Spanish Agency for Data Protection (AEPD).
• When installing a security camera, you are required by law to display visible stickers that indicate the area is under video surveillance. The poster should include the camera registration details and the address where individuals can request their image to be deleted in compliance with Spain's data protection legislation.
• Access to recorded images must be restricted to the camera owner only, and if accessible via the internet, it must be protected by a unique username and password.
• The location where the surveillance equipment is placed should have surveillance or restricted access, and only the authorised person (i.e., the one registered with AEPD) can access it.
• The recorded images should be stored for up to 30 days after their capture. After 30 days they must be deleted (unless they are required as part of a police investigation).

By adhering to these regulations, you can ensure that your use of security cameras complies with the law and respects the privacy of individuals.

One thing you must consider though, is whether your cameras will be recording public spaces and/or communal areas such as those in apartment blocks or urbanisations.

Recording on public spaces and shared communal areas

The rules surrounding the use of security cameras in Spain can be complex, but some general guidelines apply. Generally speaking, it's permissible to take images or recordings on private property, but you are not allowed to do so in public areas, except for a few exceptions.

For example, cameras and camcorders installed in private spaces in Spain cannot capture images of public spaces unless it is necessary for the intended surveillance purpose or impossible to avoid due to their location.

This is according to the Spanish government's official law on security cameras and data protection. It is important to adhere to these guidelines to ensure that the use of security cameras complies with legal requirements and respects people’s privacy.

In regards to shared spaces within private buildings, the decision to use security cameras is typically made by the community of property owners. For your request to be approved, a minimum of three-fifths of the property owners must agree with your application.

What is the law on data protection?

In Spain, the use of security cameras in private spaces is subject to data protection regulations. Under these regulations, individuals have the right to protect their privacy and personal data, which includes their image. This means that before installing security cameras, the owner must register the camera with the Spanish Agency for Data Protection (AEPD).

In addition, there are strict rules on accessing, storing, and deleting images and personal data. The owner of the camera is responsible for ensuring that the data is collected and processed in accordance with data protection regulations. Only the owner of the camera is permitted to access the recorded images, and if access is through the internet, it must be restricted by a username and password.

If the camera records images of individuals, the data must be saved for no longer than 30 days after it was recorded. Moreover, the individuals whose images are being recorded have the right to request access to and deletion of their data.

Can I use security cameras in my home to film cleaners and other workers?

If you are planning to install cameras to monitor workers or employees who will be performing their duties on private property, such as builders, cleaners, or maintenance personnel, it is important to be aware of the rules around recording them. Generally speaking, it is legal to record images of individuals working on private property as long as you follow certain guidelines.

Firstly, you must inform the worker beforehand that they will be recorded, and obtain their explicit consent to do so. This can be done through a written agreement or by verbal communication, but it's always a good practice to have a written record of their consent.

Moreover, it is essential to ensure that the purpose of the surveillance is lawful and legitimate and that the cameras are only used for the intended purpose. You should not use cameras to monitor the worker's private life or activities that are unrelated to their work duties.

In addition, you should be mindful of the worker's privacy rights and take reasonable steps to protect their personal data. For instance, you should ensure that the cameras are positioned in a way that minimises the recording of non-work-related areas or individuals, and that the recorded footage is kept securely and confidentially.

It is also important to note that the installation of cameras in bathrooms, changing rooms and similar places is prohibited.

In summary, if you are planning to record workers on private property, it's important to inform them beforehand, obtain their consent, and ensure that the purpose of the surveillance is lawful and respectful of their privacy rights. By following these guidelines, you can protect both your interests as a property owner and the rights of your workers or employees.

Do the same rules apply to Ring-style doorbells?

Ring and similar-style doorbells with cameras are treated the same as security cameras. This means that if you have one, they should only ever be pointing at your own private area and not at a neighbouring property, or public/communal spaces.