Installing surveillance cameras, whether real or fake, in a home or business is becoming more and more common. However, although it may seem like a simple gesture, It may end up affecting our pockets if we do not comply with certain legal precepts.
Mounting one or more security and surveillance cameras can have legal and ethical implications which is important to consider. That is why we are going to see what can happen when installing a surveillance camera and how to make sure you comply with the law when installing any type of surveillance camera.
Pay attention to the regulations
The AEPD (Spanish Data Protection Agency) continues to impose sanctions on video surveillance for the installation of surveillance cameras that do not comply with data protection regulations. Both at a personal and professional levelfines continue to be imposed for installing security systems.
At this point, some users may have doubts when it comes to buying a model of fake security camerawhich can be found in shops, or even simply by having a camera installed and having it disconnected. Is this punishable?
For having cameras disconnected
First of all, it should be made clear that Yes, they can fine you for having a camera security camera installed even if it is disconnected. Even if the camera is not in operation, the installation must comply with the regulations established by the AEPD.
The reason is that these cameras, Even if they are disconnected, they are still real cameras and therefore capable of collecting data in the form of video, photo and audio. Activating them is not complicated and can be done at any time.
Image | Amazon
In this way and given the ease of activating them, it is necessary that they are installed in accordance with the regulations that govern them and that they do not violate any of the articles included in the RGPD and Organic Law 3/2018, of December 5, of Protection of Personal Data and guarantee of digital rights (LOPDGDD) regarding the legitimacy of the treatment, the duty to inform and the rights of the interested parties.
It is therefore necessary that the person responsible for them complies with the obligations and requirements established in the regulations data protection regulations regarding surveillance. In other words: if the surveillance camera is disconnected, it must still have an information sign.
By a simulated camera
Image of a generic sticker on Amazon
It is that even in the case of installing a fake surveillance camera, of those that can be bought in any store and that They do not have the ability to record data of any kind (neither video, nor photo nor audio), the person responsible for said installation may be sanctioned.
In this case, although they are simulated cameras that have a deterrent nature and cannot record any data, so the GDPR does not apply, it is possible to receive a penalty.
To avoid problems, it is advisable that the installation of this type of camera follows the same patterns as with real cameras. This means that it is advisable to always orient it in such a way that that records only private space that you want to protect, since they can make third parties think that they are recording the public space.
Penalties for surveillance cameras
Image | Amazon
Having said all this, it is clear that installing a surveillance camera is something that requires take into account a series of steps which cannot be ignored. In fact, the variety of sanctions that may be imposed by their installation can have a very significant financial value.
|
type of infraction |
VIOLATED PRECEPT |
failed |
SANCTION |
|---|---|---|---|
|
Mild |
ART. 74 LOPDGDD |
Lack of video surveillance sign |
Until 40,000 euros |
|
MILD |
ART. 74 LOPDGDD |
Failure to respond to requests for rights |
Until 40,000 euros |
|
MILD |
ART. 74 LOPDGDD |
Incomplete activity log |
Until 40,000 euros |
|
MILD |
ART. 74 LOPDGDD |
Lack of DPO |
Until 40,000 euros |
|
Serious |
ART. 73 LOPDGDD |
Repeatedly impeding the rights of data subjects |
Of 40,001 to 300,000 euros |
|
SERIOUS |
ART. 73 LOPDGDD |
Lack of security measures in the preservation of recordings |
Of 40,001 to 300,000 euros |
|
SERIOUS |
ART. 73 LOPDGDD |
Violation of the data minimization principle |
Of 40,001 to 300,000 euros |
|
SERIOUS |
ART. 73 LOPDGDD |
Lack of data processing contract if the cameras are managed by a security company |
Of 40,001 to 300,000 euros |
|
SERIOUS |
ART. 73 LOPDGDD |
Not having a record of treatment activities |
Of 40,001 to 300,000 euros |
|
SERIOUS |
ART. 73 LOPDGDD |
Lack of impact assessment if necessary |
Of 40,001 to 300,000 euros |
|
SERIOUS |
ART. 73 LOPDGDD |
Lack of DPO |
Of 40,001 to 300,000 euros |
|
Very serious |
ART. 72 LOPDGDD |
Using cameras for purposes other than security |
Of 300,001 to 20 million euros (or 4% of annual turnover) |
|
VERY SERIOUS |
ART. 72 LOPDGDD |
Record audio with cameras |
Of 300,001 to 20 million euros (or 4% of annual turnover) |
|
VERY SERIOUS |
ART. 72 LOPDGDD |
Failure to report cameras and their purpose |
Of 300,001 to 20 million euros (or 4% of annual turnover) |
|
VERY SERIOUS |
ART. 72 LOPDGDD |
Violating the confidentiality of recordings |
Of 300,001 to 20 million euros (or 4% of annual turnover) |
|
ART. 57.1.G) OF THE PRIVATE SECURITY LAW |
Employment or utilization of personal, material or technical measures or means in such a way that they violate the right to honor, personal or family privacy or one’s own image or the confidentiality of communications (which do not constitute a crime) |
Of 30,001 to 600,000 euros |
Cover photo | Atypeek Dgn