Use of CCTV on Communities - breach of privacy or not??

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26 Apr 2012 20:53 by promedia Star rating in Cheshire/Riviera del.... 117 posts Send private message

As part of our agm agreed overall security plan for the community, we installed a number of CCTV cameras on gates, garage areas and vulnerable areas of the complex.

This has been a success and problems on the community have reduced, now that owners are aware that vandalism and damage caused by them or their tennants will be billed to them or the evidence handed over to the police.And visible signs around the perimiter fencing have warned off chancer theives and gypsy's.

Last year we had an issue with one or two owners letting their dogs use the community gardens as a toilet late at night when they thought nobody was watching.

A couple of extra cameras were therefore installed in the gardens, the particular owners were notified that if this continued they would be charged for the clean up, the problem stopped overnight.

We have always notified all owners that the CCTV system was in place for their safety and their properties security, only 2 or 3 of the committee have access to the recording system including the president who is UK based and sometimes uses it to monitor the work being done on the community in his absence.

We have now decided that to make the community and gardens even safer a few cameras need to be upgraded and a few more added to the system to cover all the gates, portal entrances and garden areas, where damage occured last summer due to Ball games, which are not allowed in the gardens, but kids are kids!

It was also raised at the last AGM that the community needed CCTV to protect itself against any potential claims from sufferers of accidents happening inside the community, a film of people running around the gardens and pool and falling over and breaking a leg is a lot easier to fight and reject, when they claim they just tripped over a sunlounger or hosepipe!!!

However, following the unceremonious "resignation" of one of our committee members, who wasnt allowed to get her own way, we have received a constant stream of complaints from her questioning every decision the community is making, monitoring all accounts on a monthly basis, asking to see employee timesheets, bills for purchases etc etc, in effect she has become a pain in the butt for our administrators, but has yet to find any fault. However with our AGM looming she obviously has a master plan to try and disrupt the meeting and has been campaigning for proxy votes for the past month, this is not really an issue as she has shown herself to be more of a problem than an asset, and is not getting the support she expected.

Her latest move was to request the following be added to the agenda for the AGM - it arrived a day late, so will be covered in AOB

I hereby kindly request that the following item be included in the official agenda for the AGM of May 2012:

 

· Data Protection Laws with regard to CCTV

 

This request is based on the additional CCTV cameras that have been installed over the last year and the Spanish and European privacy laws governing these.

Our request for help is: without instructing our lawyers to establish and present a case based on the safety and security aspects for the community, which will cost us time and money, has anyone any knowledge of the Spanish data protection laws and how these are applied to CCTV monitoring. Does she have a point, are there any rules/guidelines we need to follow, any records we should or shouldn't keep, official notification notices for owners and tennants in Lifts and noticeboards.

I have read up on the UK aspect of this which is still saying CCTV cases both in the UK and Europe have still not being contested for breach of privacy laws so presume same will stand for Spain, but i would hate us to be the first community to have to defend this if our wealthy owner decides that they really do want to challenge this for the hell of it.

can anyone offer any advice to us please? 



_______________________

Ian Cook - Golf Gardens Miraflores - The best place to live on the Costa del Sol

"A day without sunshine is like.................night"




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26 Apr 2012 22:10 by rod Star rating in Uk and Spain. 462 posts Send private message

We EMPLOY a CCTV arrangement at our HOME PREMISES in the UKand my understanding is  that RESEDENTIAL premises do not have to conform with DATA PROTECTION RULES however BUSINESS PREMISES do

A sign WARNING that CCTV is in use and CONTACT DETAILS is required on non RES applications in the UK

However the LEGISLATION may be different in REGIONAL JUSRISTICTIONS in SPAIN

i would contact the LOCAL COUNCIL for ADVICE in LA CALA

Rod



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     www.trentriver.eu

 

 




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26 Apr 2012 22:46 by Jacksonsadmin Star rating in Mijas Costa , Malaga. 80 posts Send private message

Hello Ian;

I am not aware of any case history in the Spanish courts on data protection over the use of cctv  in communities.

I can tell you that the goverment has become very strong on data protection with licences a must or fines up to 30k € in some cases have been publiced.Hence I would establish with a specialist media lawyer the requirement of a data protection Licence. A community falls under the catagory of NIE not CIF in registration so this could have bearing as this means the community is treated as a individual not a company in law.The issue of if you are storing data is also a critical point or are the recordings disposed of daily ?

I would also check with  your community insurance company that you have cover for a claim of this type & what conditions need to met to obtain the cover. IE secure data storage.

F.Parkinson Jacksons Administradores



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f.parkinson @ jacksonsadministradoressl.es www.jacksons-group.com




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27 Apr 2012 16:09 by Fighter2 Star rating. 241 posts Send private message

Hi

We have CCTV on our large urbanisation installed by the Community of Ownerswe had to obtain a licence and submit to the rules of data protection which are not too officious and the cost was minimal at less than €200.

 

Barry





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27 Apr 2012 19:21 by promedia Star rating in Cheshire/Riviera del.... 117 posts Send private message

Thanks Barry, can you let us know who the licence was obtained from as we are struggling with this one. 

Our large administrators have never had this situation before, and they do have CCTV on a number of their communities??

They are looking into it for us but i think it will take weeks rather than a few days to resolve, what we dont want to do is remove all security and safety from the community, on the voice and knee jerk reaction of one agrieved owner, who would, if that happened become No1 Punblic Enemy on the complex!! 



_______________________

Ian Cook - Golf Gardens Miraflores - The best place to live on the Costa del Sol

"A day without sunshine is like.................night"




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27 Apr 2012 19:50 by lobin Star rating. 184 posts Send private message

 The following link

https://www.agpd.es/portalwebAGPD/canaldocumentacion/informes_juridicos/common/pdfs/2008-0161_Videoc-aa-maras-en-comunidades-de-propietarios.pdf

will take you to a resolution given by the Spanish Data Protection Agency on videocamaras on Communitities of Owners.  It is in Spanish and too long to translate it here but perhaps you can give it to your administrators and they can summarize for you the main concepts.

 





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05 May 2012 15:58 by Finisterre Star rating. 25 posts Send private message

Or just use Google Translate for Lobin's link?

I am a lawyer qualified in England, not Spain, so I can't speak for the Spanish authorities but DP compliance in England (which is based on the same EU directives as Spain)  is basically all about consent, confidentiality and informing people of what you are doing, so I wouldn't worry too much even if you do have to comply.

The consent aspect has presumably been complied with via the community vote, the confidentiality aspect might mean you have to write a simple policy saying who is allowed to view the footage and under what circumstances, etc (which might be worth doing anyway), and the informing people has already been done, although obviously you would want to publish the community DP policy I referred to.

I would be willing to bet that that is pretty much all that's required. I don't know about the licences, admittedly, but all I am saying is don't panic about potentially having to comply with the DP laws - they're not toooooo onerous. :-)





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05 May 2012 15:59 by Finisterre Star rating. 25 posts Send private message

(Oh, I guess consent might also mean putting up notices around the CCTV'ed areas saying that filming is occurring and by whom and for what reason, but you may already have those in place anyway.)





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