Recently, in Spain, we have seen how a man was fined 300 euros for possessing a Electronic peephole at your door, but…why?, right? are legal? Do I have to remove mine?
Today we are going to analyze what are the allowed devices of this type and the reason why in some cases they are legal and in others they could cause a lot of problems for you.
Can I install an electronic peephole?
The answer is, it depends, and there are many laws that could make your Electronic peephole was illegal. Although there are legal loopholes that say precisely the opposite and compare them to a security camera or an intercom.
The news that we have been able to read these days indicated how one neighbor had reported another for installing this peephole without the consent of the community, however, even with it, it could continue to be considered illegal in many cases. In addition, you need 60% support in the building to be able to install it, it is no use having your neighbor leave you.
There are too many laws that contradict each other, since, on the one hand, the defendant’s defense alleged that it would be the same as the camera phone, that there really is no difference between a device that is legal and the other, and he is absolutely right. , and that is why most of them would be legal, but there is a key point that differentiates whether one model is allowed and another is not, even if both have a “webcam”. And it is the “recording mode”, that would be the key.
Any peephole that records a common, private or public area is a crime, just as a surveillance camera cannot be pointed at the street or at another person’s private space, in this case the neighbor’s door and the common landing.
However, if our computer only shows the image of a person approaching our door and ringing the doorbell, it would be totally legaljust like the intercom, as long as after a few seconds or once our door is opened, this image disappears and is not saved anywhere.
Now, this topic is very controversial, since it is really very difficult to demonstrate whether the peephole that someone has installed is intelligent and records or simply falls within the law. The best thing in those cases is to talk and solve things between neighbors, not to report each other, but well, the joke has cost this person dearly, since he will have to pay those 300 euros, in addition to having to remove it, with its respective cost.
Even in private houses or chalets, if our door points to a public point it would not be allowed either. I can only think of the case of having a double door or having a corner that only shows part of our garden, garage, etc. In that case it would be allowed, like any security camera, they would be governed by the same regulations.
So now you know, if you have one or were thinking of purchasing one, you can be clear that if it has a recording or storage mode you could have problems, especially with such friendly neighbors.