If you are thinking about installing cameras in your property, you may be asking yourself if it is legal. You may also want to know what are the possible limits and requirements that need to be met. At Terra Homes, we know that this is a complicated issue and there are a lot of concerns surrounding it, which is why we are going to explain everything you need to know about installing a camera at your home.
Tabla de Contenidos
- 1 Is it legal to have cameras in your home?
- 2 What are the requirements for installing a camera at your home?
- 3 What if it is only for the household?
- 4 What happens if the cameras in my house record a crime?
- 5 Can I install a camera at my home to record a domestic employee?
- 6 Is it legal to install a camera outside of your home?
Is it legal to have cameras in your home?
You can install CCTV cameras at your home, if you so wish. However, you will need to meet a series of requirements, as if not you will be breaching the law and may be subject to a penalty.
What are the requirements for installing a camera at your home?
If the cameras at your home can record images of other people, you need to meet the following requirements to follow the current Data Protection legislation:
· Make the corresponding registration with the General Data Protection Register at the Spanish Data Protection Agency (AEPD, in Spanish).
· Make a notice that can be visibly seen, warning people that they are entering a CCTV area.
· The aforementioned notice needs to state who the person responsible for the installation is, and where and with whom they can exercise their right to access, rectify, cancel or oppose, as regulated by the Data Protection regulations.
· Only the owner of the CCTV system can access the images. If access is established via an internet connection, this must be protected with a username and password.
· The place in which the CCTV recording system is located must be monitored or have restricted access, with only authorized individuals permitted entry through a username and password.
· The images must be stored for an entire month after they have been recorded.
What if it is only for the household?
If the recordings are limited to inside the home, then it is considered as a household activity, and any Data Protection regulations do not apply. In this regard, the environment will be a family or private house, and those recorded will only be those living in said house.
What happens if the cameras in my house record a crime?
When you have a camera installed at your home, it is possible that it may capture a crime being committed, which you, your family members, or anyone else may be a victim of. If this happens you need to make it known to the State Security Forces, and the recording may be used as evidence to prove the offence that has been committed.
Likewise, you should also know that State Security Forces can also ask you to submit the images that your home installed camera has recorded, as they may be important for their investigation. If this happens, you must comply.
Can I install a camera at my home to record a domestic employee?
If you have somebody working at your home and want to install a camera to oversee their work, you can, as long as they are informed. What you cannot do is record them without their consent.
Is it legal to install a camera outside of your home?
There are also concerns around installing cameras outside of a home. In this case it is important to know that the installation of cameras at a home must be solely limited to recording images of the property. This means it is not permitted to record images outside of this, meaning any surrounding spaces or any public right of way.
However, in regard to the latter, we must qualify that there is a small exception permitted for access to the home. This means that the Data Protection legislation is applied exceptionally in this case when recording images of people outside the property (at the front or entrance of the property), regardless of if you have installed the system yourself or you have contracted a third-party.Installing a camera inside your house can give you peace of mind. However, if you fail to comply with the regulations, it can soon become a serious issue. That’s why, at Terra Homes we recommend that you take special care if you decide to install a CCTV system at your home.