The Spain’s Supreme Court’s Ruling 1166/2025 has set a clear precedent regarding the installation of recording devices in residential peepholes. According to the Court, such devices, which capture images of neighbours entering or leaving their homes, amount to an illegitimate intrusion into the right to privacy.
The case originated in a Madrid apartment building, where a resident installed an electronic peephole equipped with motion detection, night vision, and internet connectivity. Due to the proximity of the opposing apartments, the device was triggered constantly, recording every movement of the neighbours across the hall and, at times, even the interior of their home when the door was opened.
The Court emphasized that the installation was not driven by genuine security needs. The building had a concierge service and no record of prior incidents. The purpose was instead linked to the convenience of the defendants, which, in the Court’s view, did not justify subjecting third parties to permanent surveillance. Moreover, the absence of restrictions on the storage and management of recordings was found to contravene the provisions of Spain’s Organic Law on Data Protection.
By contrast, the judgment notes that video surveillance systems in common areas of apartment buildings may be lawful, provided they are approved by the homeowners’ association with the required majorities, restricted to shared spaces, and accompanied by safeguards ensuring proportionality and data protection.
