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Professional Advice

pregunta al administrador

Ask the Administrator: Cameras

Good morning. I am the owner and President of a dwelling in a building of Orihuela. The case is that in the community where I live we have a video surveillance system, approved by the Board, that complies with all legal requirements and, a few days ago, we have had knowledge that the 7th A neighbour has proceeded to install a video surveillance system in your home which captures images even from the outside of it (there is a camera on the landing of his door specifically), without the authorization of the Board, without identifying posters, etc… what I would like to know if it is legal (I believe that not) and, where appropriate, what should we do

Pedro L.

Administrator:  Juan López

Good morning. We are delighted in receiving your question because what is happening in your community is a practice that is still fairly common nowadays, so you as President must have knowledge of the limits in the field of video surveillance to know how to act at all times. Therefore, we must inform you that what your neighbour is doing is not allowed, not only by the Horizontal property Law

  • First, so that you can proceed with the installation of a video surveillance system that captures images of common elements, it needs the approval of 3/5 parts of the owners who in turn represent the 3/5 parts of participation fees (which hasn’t happened).
  • Secondly, it is in breach of the LOPD, it is mandatory to place identification signs; to have the consent of those affected; etc…
  • Finally, it is in breach of the private security act because these images can only be viewed by security guards that have the timely authorization of the Ministry of the Interior.

 

Basically, in order to avoid major problems, we recommend to send a letter to landlord reporting all this and trying to make him understand that the system has to be  uninstalled.  Otherwise we advise to contact a lawyer.

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