Lots of people choose to install cameras outside their homes, as it is a great way to ensure their peace of mind. However, when installing a CCTV system, it is essential to comply with the relative data protection regulations, as if not you could receive a significant penalty. That’s why, at Terra Homes, we are going to explain how you can install CCTV cameras outside your house.
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Is it legal to install cameras outside a house?
Yes, it is legal to install cameras outside a house. However, you must be careful with how they are used as recording images of a public right of way is not permitted. This is a power that can only be exercised by the State Security Forces.
However, this regulation is subject to exception, as there are cases in which, for protection purposes, a camera is installed that records a section of a public right of way.
In these cases, images of a public right of way can be recorded if essential for the useful functioning of the CCTV system, or if impossible to avoid due to the location.
It is essential to follow the rule of proportionality, and to not record more than is absolutely necessary of a public right of way.
It is a different case all together if your camera only records the surroundings of your home and these are your property, for example, if it is installed on a plot owned by you and does not record anything beyond this. In this case you will not be subject to any data protection regulations, as the camera will not record anything more than your private property.
As mentioned above, failing to comply with the data protection regulations can result in there being significant penalties imposed. Therefore, if you are going to install a camera at your house, we recommend that you get proper advice on what and how the camera records.
How to install a camera outside your home in compliance with current legislation
We reiterate that when installing a camera outside of your home, you have to pay special attention to not infringe in the legality of the data protection regulations. In this regard, you need to comply with the following obligations:
- Register with the General Data Protection Register at the Spanish Data Protection Agency (AEPD, in Spanish), before activating the system.
- Place a notice informing passers-by that they are entering a CCTV recorded area. The aforementioned notice needs to state who the person responsible for the installation is, and where and with whom those recorded can exercise their right to access, rectify, cancel or oppose, as stated in the Data Protection regulations.
- 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.
- 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 recorded images will be stored for one month.
Is permission from the neighbours required?
In the case of recording communal areas belonging to a condominium, such as a communal carpark for example, permission will be required from neighbours.
It is also important to know that if the cameras are installed by a homeowners association, these cannot record images of any public right of way. Likewise, they will also have to install notices warning that it is a CCTV recorded area. If you want to install a CCTV camera outside your home, at Terra Homes, we encourage you to do so, as it is a measure to help with your peace of mind. However, we also recommend that you get the right information in order to not breach any data protection regulations.