The growing concern for security within residential communities has led many to consider installing surveillance cameras in common areas, such as garages. While these measures aim to provide better protection for residents, they must also comply with a set of legal requirements to avoid infringing upon fundamental rights, such as privacy.
In this regard, the Horizontal Property Act establishes that any decision related to the installation of surveillance cameras must be approved by a qualified majority. Specifically, at least three-fifths of the property owners must consent, and those owners must collectively represent at least three-fifths of the participation quotas. This regulation seeks to balance collective security with the preservation of individual rights of the owners.
One of the most sensitive aspects of these installations is the protection of privacy. The cameras cannot capture images of private spaces, such as the inside of homes, and must be directed only at common areas of the building, such as hallways or the garage. This ensures that surveillance is limited to public-access areas and does not interfere with residents’ privacy.
Additionally, it is crucial to comply with current legislation regarding personal data protection. The Organic Law on Personal Data Protection and the Guarantee of Digital Rights (LOPDGDD) mandates that residents must be properly informed about the installation and use of the cameras. This communication must be clear and transparent, and in some cases, explicit consent from the property owners may be required before proceeding with the installation.
In summary, installing cameras in the garages of a community of property owners should not be a decision taken lightly. Communities must ensure compliance with privacy and data protection regulations, as well as respect the right to privacy of residents. To do so, it is advisable to consult experts in the field to ensure that the process is carried out transparently, legally, and with respect for the rights of all parties involved.