In the field of Property Law, there has always been controversy over the legality of the installation of security cameras. The controversy lies in the difficulty of reconciling appropriate security with the right to privacy and intimacy of every neighbour.
With regards to the installation of cameras by a security company, approved and registered, which provides services to the whole community, it is well known that it can be carried out if a series of requirements are met, such as: registration in a registry, notices about the installation through approved signs, access to the images by the authority in charge with a user name and password, conservation of the images for one month, etc.
With regards to the installation, within a community of owners, in private homes, the resolutions of the Spanish Data Protection Agency (AEPD) have clarified that it is not permitted to install cameras that could record in common areas or the transit of neighbours as this would be an invasion of privacy. The capturing of images must be limited to the interior of the dwelling or, in the case, the minimum access area to the dwelling. Likewise, any installation must be carried out with an approved and registered company.
Recently, the Supreme Court has further developed this criterion by clarifying, in its Ruling 600/2019 of 7 Nov. 2019, Rec. 5187/2017, that not even dissuasive cameras may be installed, given that even if they do not record, having them facing the property of another neighbour is a violation of their right to privacy.
In any case, this is a complex matter, so if you have any doubts, you should consult your Community Administrator.
