Video surveillance cameras that focus on the public highway
On January 27, 2022 an individual filed a complaint to the AEPD, due to the installation of video surveillance cameras by another individual, which focused on the surrounding public road.
The complainant alleges the lack of installation of the mandatory video surveillance information sign.
It also alleges that the installation of these cameras was done in a significant way and not punctually. The focused area is a transit area to other properties.
Correct installation of security cameras according to the AEPD
After a legal analysis of the situation described, the AEPD stated the following:
- In the first place, it emphasizes the obligation for the cameras to focus on the private road, and not on the public road, since this will be the exclusive competence of the State Security Forces and Corps.
- It also indicates the need for the cameras, despite being simulated, to focus at the private road, considering that third parties circulating on the public road and see these cameras installed, may feel intimidated by thinking that they are being recorded.
- It also reminds the prohibition of the installation of security cameras that focus on the public road by a particular, out of the exceptions established in the Law.
- Finally, it emphasizes the purpose of the installation of these cameras, which is to guarantee the security of the property, preventing the rights of third parties from being affected.
Conduct of the respondent individual according to the AEPD
With respect to the documents provided by the defendant, the AEPD stated the following:
It affirms that the defendant correctly installed the video surveillance zone information signs.
After observing the images taken by the video surveillance cameras, it detects an excessive and unnecessary focusing on the public road, which could have been limited to the entrance of the property.
Resolution of the AEPD
Therefore, the AEPD sentenced the defendant to pay a fine of €1,000 in breach of Article 5.1.c) of the RGPD.
It determines that the installation of the security cameras has been disproportionately performed, by focusing on the public road in an unjustified way.
To avoid possible sanctions due to the incorrect installation of security cameras, in Auratech Legal Solutions we offer the necessary information to prevent these situations and act according to the AEPD regulations.
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