Home » News » Condominium, the cameras installed by private individuals must not film common parts

Condominium, the cameras installed by private individuals must not film common parts

Request. I live in a four unit condo. One of the four condominiums, without notifying the others, has installed an external camera that frames the garden and the passageway from his bathroom. I frequently pass under this camera for
reach my garage. I wanted to know if the behavior of this condominium is lawful.
S.F. – Venezia

Answer. The answer is no. According to the Privacy Guarantor, the video camera placed on private spaces cannot film common spaces, if only to avoid the crime of illegal interference in private life (article 615-bis of the Criminal Code). In this regard, the “vademecum” of the Guarantor “The condominium and privacy” – still valid even though published before the EU regulation 679/2016 – clarifies that, “when the installation of video surveillance systems is carried out by individuals for exclusively personal purposes – and the images are neither systematically communicated to third parties, nor disseminated, for example, through devices such as webcams – the rules laid down by the Privacy Code (Legislative Decree 196/2003, ed.) do not apply. In this specific case, for example, it is not necessary to report the presence of the video surveillance system with a special sign. However, the provisions on civil liability for data security remain valid. Among other things, it is necessary – also to avoid the risk of incurring the crime of illegal interference in private life – that the video surveillance system is installed in such a way that the lens of the camera placed in front of the front door exclusively captures the private space and not all the landing or the street or your own parking space and not all the garage “. In this context – regardless of whether or not images are recorded – it is suggested that the reader send a registered letter, or an e-mail via certified e-mail, to the owner of the camera. In any case, the reader himself can present a complaint in the Prosecutor’s Office against the condominium who videotapes the common part without reason (article 615-bis of the Criminal Code).

The question is taken from the insert L’Esperto answers on newsstands with Il Sole 24 Ore on Monday 24 January.

Consult The Expert responds to have access to an archive with over 200,000 questions, with related opinions. Can’t find the answer to your case? Submit a new question to the experts

Find out more

Leave a Comment