The Spanish Data Protection Agency has imposed a fine of €300 on a man who installed a digital peephole (video surveillance system) on his door. This peephole captured the common area of the doorway and the neighbour's entrance without their consent or that of the community of owners.
The conflict arose when the neighbour complained that the digital peephole was installed without consent from the community of owners. Despite sending a burofax requesting its removal with no response, the Administration got involved, but the emails went unanswered. As a result, the sanctioning procedure progressed without objections, and a proposed resolution was considered.
The Spanish Data Protection Agency points out that images captured by cameras are personal data and are subject to privacy regulations. In this case, the neighbours' data processing was not legal, given that there was neither consent nor a legal obligation.
Article 22 of the Law on the Protection of Personal Data and Guarantee of Digital Rights states that "in no case shall the use of surveillance practices be allowed beyond the environment that is the object of the installation. The cameras installed cannot obtain images of a third party's private space and/or public space without duly accredited justified cause, nor can they affect the privacy of passers-by who are freely walking through the area".
The installation of cameras in a residential building requires the express authorisation of all owners, according to the Horizontal Property Law. This means that at least 60% of the owners must agree.
Although the breach could have been punishable by up to €20 million, a fine of €300 was imposed due to proportionality criteria. In addition, the offender was ordered to remove the cameras or adjust their positioning so as not to capture common areas or the neighbour's entrance within one month.
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