PRIVATE CCTV

Pursuant to the recent Opinion 5/2017, the Data Protection Authority considered the issue of the use of video surveillance systems, for the purpose of individuals’ protection, in the light of the principle of proportionality, namely the data are collected for the intended purpose. Two types of video surveillance are distinguished. On the one hand, the surveillance of the specific place, without recording the data, which constitutes domestic activity, and as such, it does not fall within the scope of the data protection provisions and on the other hand the recording of image data from the public place, in front of the entrance of the apartment, which falls within the private sphere of the person, who activates the camera, and is a domestic activity, if only does it meet the requirements (limitation of camera scope, home, etc.). On the contrary, if the camera scope is not limited within the necessary place in front of the apartment (either it is of private or of professional use), the activation of camera is permitted only upon consensus of other tenants on the same floor. Last, the installation of a video surveillance system in places for common use of a block of flats is possible only upon relevant decision of the General Assembly of all tenants in the block, according to its Regulation and the applicable legal provisions.