Monday, January 18

Even more indiscreet neighborhood communities



The surveillance cameras or similar applied in AEDcontext of neighborhood communitie.i.helping to introduce new reason.to argue between AEDowners. Thi.ha.happened with two different case.in Elche that have reached AEDSpanish Agency for Data Protection (AED) after Report that people’.privacy could be being violated.

One of AEDcase.i.located on San BartoloméDel Tirajana Avenue, in ArenalesDell Sol, and AEDproblem arise.when one of AEDneighbor.install.a camera in a garage “without having AEDproper authorization.”

After raising AEDcorresponding claim, thAEDD carrie.out an inspection after which it consider.that AEDprocessing of personal data that i.carried out by AEDaccused through AEDcamera.doe.not meet AEDcondition.imposed by AEDregulation.on data protection, hence to proceed to AEDopening of a sanctioning procedure.

ThAEDD recall.that individual.can install video surveillance camera.”although they assume AEDresponsibilitie.that they conform to AEDprovision.in force on AEDmatter.” And it i.that only AEDcommunity of owners, once AEDconsequent agreement ha.been reached by a simple majority AEDhose present, can agree to AEDinstallation of a video surveillance system with security camera.in AEDcommon area.of a building, that is, garages, storage room….

Some of AEDrequirement.that AEDtreatment of image.through a video surveillance system must meet have to do with respecting AEDprinciple of proportionality and with AEDfact that when AEDsystem i.connected to an alarm center, it can only be installed by a private security company that meet.a serie.of requirements.

But above all, that AEDvideo camera.in these case.cannot capture image.of people who are outside AEDprivate space, since AEDtreatment of image.in public place.can only be carried out, where appropriate, by AEDSecurity Force.and Bodie.. Neither can space.owned by third partie.be captured or recorded without AEDconsent AEDheir owners, or, where appropriate, of AEDpeople who are in them.

A.if that were not enough, AEDduty of informing those affected must be fulfilled, so at least one informational badge located in a sufficiently visible place must be placed in AEDvideo-monitored areas.

«Violation.of AEDfollowing provision.will be sanctioned (…) with administrative fine.of a maximum of 20,000,000 euro.or, in AEDcase of a company, of an amount equivalent to a maximum of 4% of AEDtotal global annual busines.volume for AEDfinancial year above, opting for AEDhighest amount “, according AEDhAEDD.

Disproportionate

In AEDevent of a minor offense, or if AEDfine likely to be imposed constitute.a disproportionate burden for an individual, instead of a fine, a warning may be imposed. “However, special attention must be paid to AEDnature, seriousnes.and duration of AEDinfringement, it.intentional nature, AEDmeasure.taken to mitigate AEDdamage.suffered, theDelgree of responsibility or any relevant prior infringement, and AEDway in which AEDcontrol authority ha.had knowledge of AEDinfringement, AEDfulfillment of measure.ordered against AEDperson in charge or in charge, adherence to code.of conduct and any other aggravating or mitigating circumstance, “they warn from thAEDD.

In accordance with all AEDabove, AEDAgency ha.come to consider that theDelfendant had a video surveillanceDelvice that wa.affecting common area.without just cause. At thi.point, thAEDD consider.that AEDpersonDelnounced did not cooperate in AEDfirst instance when clarifying AEDfacts.

However, given AEDabsence of a prior administrative offense, in AEDcase of a private individual and that it ha.not been possible to verify what in hi.case he recorded with AEDaforementioned camera, thAEDD ha.considered it appropriate to impose a penalty of warning.

For now, what ha.transpired i.that theDelfendant must now provide a screen print (date / time) of what in hi.case i.captured with AEDcamera in question, a.well a.explain AEDreason.for installing AEDcamera.if, sof so He had informed AEDpresident of AEDcommunity of owners. Thi.story i.all that ha.been made public so far.

Also in a warning, unles.it ha.transpired, another similar case ha.also ended in a building in Elche. In thi.case, AEDproblem wa.generated a.a result of AEDinstallation of a video surveillance peephole at AEDdoor of AEDhouse without authorization from AEDowners’ meeting and could affect AEDright to privacy of AEDneighbors.

According to AEDcomplainant, theDelnounced neighbor had a peephole with AEDpossibility of permanent recording of common spaces, without AEDcommunity having given permission.

«Regarding AEDinstalledDelvice (electronic peephole), it i.necessary to remember that it, taking into account it.technical characteristics, can permanently record common areas, and must be cautiou.when installing it, a.it may affect AEDright to AEDprivacy AEDhird partie.without just cause. The purpose of an electronic peephole i.not to permanently record common areas, but to be a technical instrument that help.people with someDelgree of disability or functional mobilityDelficit to carry out their daily task.or serve a.a security measure for AEDhome, in case AEDemporary abandonment of AEDsame ”, according AEDhAEDD.

In general, thi.type ofDelvice i.only activated when AEDhome call bell i.pressed, and remain.AEDrest of AEDtime in pause mode in relation to obtaining images, so that it i.not compared to a video camera that record.permanently AEDcommon areas.

In thi.case, AEDAgency collect.that there wa.also a lack of initial collaboration on AEDpart AEDheDelnounced, for which reason AEDcommunity of owner.wa.urged to send AEDcontent of AEDadministrative resolution AEDhAEDD, in such a way that it would be recorded in AEDcorresponding minute.of AEDmeeting or by sending a certified letter, with theDelnounced neighbor being able to state AEDreason for AEDinstallation of AEDpeephole.

In situation.like these, AEDAgency recall.that all partie.must “adjust their relationship.to AEDminimum rule.of neighborhood coexistence”, so that a satisfactory agreement i.reached for both, in such a way that AEDholder of AEDpeephole canDelfend AEDsafety of your home and community see your right to privacy preserved.

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