The camera sits down on your department? Check if it’s legal and what you can do

Cameras on private properties, and even terraces and balconies in blocks are an increasingly common view. This is not only to protect your belongings, but also to control what is happening around the house. However, is private monitoring legal?

Until recently, the monitoring cameras were associated with a fad of rich people protecting valuable works of art. Increasingly, however, we reach for them not only for safety, but also the desire to control what is happening before or behind the house. They are to provide us with protection, but sometimes They can be the reason for neighborly feuds and legal problems. Why?

Is the camera on a private property legal? You must remember about these rules

Video monitoring, which is always worth remembering, He cannot interfere in the privacy of passers -by or neighbors. Cameras registering the image on a private property will be legal if:

  • will not violate the privacy of other people,
  • they will not record an image in which the area outside the property will be visible,
  • They will act in accordance with the law, including the Personal Data Protection Regulation (GDPR).

Private monitoring must Limit yourself to the area belonging to us and be used only for personal purposes. The owner is also obliged to inform all who are within the cameras range about their existence. So if you have cameras, e.g. directed at the front door, you must inform all guests whose image can be registered by them, even when it comes to a postman, a pizza supplier or a salesman.

Monitoring on the property. Can a neighbor record us? – illustrative photo Miljan Živković/Istock.com

Is private monitoring legal? Check when the “monitored” plate is mandatory

The GDPR, which is important, does not apply to natural persons who monitor the house, plot or apartment for safety reasons. However, they must ensure adequate protection of the media if the recordings are collected physically, as well as cameras that store them in the cloud, i.e. on a virtual disk.

If the camera includes, for example, a fragment of a pavement or street, in a visible place, e.g. on the gate or wall of the house, There must be a plaque informing about recording. Why? The owner then becomes the administrator of personal data and must follow the GDPR. However, it cannot mount cameras covering the pavement without a specific and clear reason. The same obligation rests with people conducting business activity.

Can a neighbor have cameras on my property? You can’t do it either

Monitoring it cannot be directed to a plot or area, Unless it is a gate or fence, in this situation, however, it is necessary to obtain his consent. If there is no other option, you can avoid conflicts and unpleasant consequences related to violation of the provisions of the Civil Code (specifically the right to privacy, to protect the image and personal rights) thanks to cameras that allow you to set privacy zones and not registering the image outside the designated scope. However, the neighbor must be informed about it.

A person whose privacy and the right to maintain an image will be violated can assert his rights in a civil court. If this applies to public space (e.g. when the camera is visible, but there is a lack of a plate or when it is directed directly to the public area), you can lodge a complaint to the President of the Office for Personal Data Protection. This is associated with a substantial administrative penalty.

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Source: Gazeta

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