Someone been in our apartment ??

[bobley]

That only applies if you have the camera in a position which allows it to see members of the public/outside. If you can use the camera purely to monitor the inside of your own property then there's no need to register it.

See Agencia de Protección de Datos

(sorry Sparky I know thats a link but it's not commercial and it as Julian points out its very important to ensure you comply)

"When the capture of images is limited exclusively inside the home is
considers that it is carried out in the exercise of a personal or domestic activity, to which it is not applicable data protection legislation.

Data protection legislation is only will apply when the cameras can capture images of people outside the home (entrances, facades, medianerias, ...)."

 

[Julian Simms]

Hi Bobley, the link then goes on to state:

Whenever images of people are going to be recorded, and prior to their capture, the file will be registered in the General Data Protection Register of the Spanish Agency for Data Protection (AEPD), which will be done through the NOTE system.

This means that anyone apart from your family who on occasions may be recorded ( cleaning staff, estate agents, maintenance people ) either have to be told and informed in writing and sign a document acknowledging this fact and that they agreement or the camera must be registered with the appropriate authorities and a sign placed in a visible place stating that a security camera has been installed.

The sign MUST include the cameras registration number.

 

[bobley]

But that only applies if the camera can see them outside your home. As long as it can only see them inside your home then the act doesn't apply.

 

[Julian Simms]

Hi Bobley, I mentioned your last comment to my friend who had a (major) problem with a cleaning person after he had installed a small security camera.

He sent me this link in case it might clarify things.


“Nothing or nobody prevents that we can install surveillance cameras inside the family home,
but ... in those cases where we have hired domestic staff (housekeepers for cleaning, caring for children or elderly ...), obviously here things change.
We assume that when we hire domestic workers we do it according to Royal Decree 1620/2011 of November 14, which regulates "the special employment relationship of the family home service" and that therefore it is understood that we have a contract for written with said employee of the home,
that we have processed the registration in the social security and that we give you a receipt of the salaries received.
We are employers when hiring the service.
*
That is to say,
we become employers and, in the assumption we saw at the beginning, in the case of installing surveillance cameras we must comply with the provisions of the Data Protection Law (LOPD), Instruction 1/2006 of the Spanish Agency for Protection of Data and the Statute of Workers (article 20.3).
Therefore we are employers and when installing these surveillance cameras we will have to take into account the following points:
Inform the domestic employee prior to the installation or contracting of the same of the installation of these cameras and the use we are going to give them.
We can not record certain areas of the home as toilets, changing rooms, private areas of the employee.
Sign a "commitment to confidentiality" to be respected by both parties.
And ... the most important thing is that we must be registered in the Spanish Agency for Data Protection and register the surveillance camera files ... and comply with all the regulations of the LOPD as if we were self-employed, businessmen, associations, communities of owners ...
There must be an exercise of maximum transparency in the family home linked to personal and family privacy.”

 

[bobley]

Thats okay then. There shouldn't be anyone in my house (apart from my family and they'll just turn it off anyway).

Maybe if I did get a licence and start letting the property then the camera gets put away but in the off season or when no one should be in the house then it would get left out.

I'm sure our friendly solicitor would take a few €€€s to sort out the paperwork if it ever became questionable.