Security cameras

Information and questions about the Law in Spain and Andalucia.
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gerryh
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Security cameras

Postby gerryh » Tue Jan 14, 2014 6:14 pm

One of my neighbours, who is there only part time, has a security camera fitted onto his house.
This camera is directed in such a way as to see if anybody approaches his gate, his neighbours access road and part of the track that passes his house.
It would be easy to position it to view only his gateway but I believe he has done it deliberately to monitor other movements in the neighbourhood.
I am told he remotely access the camera from one of his other properties.
Is this legal?
Cheers
Gerry
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dxf
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Re: Security cameras

Postby dxf » Tue Jan 14, 2014 9:58 pm

Hi Gerry,

Yes he can only view within his own curtilage; and he must put up a notice to say where you can contact him to protest / confirm what he sees

I´ve recently been through this as I have now got 8 cameras all around my property after a theft

I´ll see if I can find the relevant references
http://translate.google.es/translate?hl ... 6bih%3D538

This type of instrumental measurements is Also called "CCTV." In our system is regulated by the Organic Law 4/1997 of 4 August, approving the use of video cameras is regulated by the Law Enforcement Safety in public places , and the Implementing Regulations for its implementation, the RD 596/1999, of 16 April .

Davexf

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costakid
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Re: Security cameras

Postby costakid » Tue Jan 14, 2014 10:23 pm

In the Uk you have have a sign up saying CCTV recording. If not recording you do not have to put up a sign. Not sure if this is a British or European law.

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Re: Security cameras

Postby Ama » Wed Jan 15, 2014 12:43 am

According to Spanish security regulations, the recording of images is only permitted on private property, the camera should not reach any public roads or neigbouring properties.
As it is a private property, unless they have employees or it is a business, they do not need to hang up the official CCTV notice, as established by the Spanish Data Protection Agency (AGPD).
You can download a brochure in English about videosurveillance, from the AGPD.
http://goo.gl/aX2Q5L

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Re: Security cameras

Postby gus-lopez » Wed Jan 15, 2014 7:10 am

Apart from the others he would appear to be breaking, if he is remotely accessing it then he's definitely not complying with this.
" If the video surveillance system generates a file, the controller must notify the
Spanish Data Protection Agency beforehand, and register the said system with the
Agency’s General Register. This shall take place whenever there is any type of
recording."
Todos somos Lorca.

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Re: Security cameras

Postby Ama » Wed Jan 15, 2014 9:12 am

The main point is that he cannot record anything except his private property. If he is recording his own property (home), he does not need to register with the AGPD.
If you wish to go further you can either, denounce to the local police that the cameras are recording public areas or at the AGPD.

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gerryh
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Re: Security cameras

Postby gerryh » Wed Jan 15, 2014 9:42 am

Many thanks for the reply.
A denouncea is imminent.
Cheers
Gerry
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Re: Security cameras

Postby scotty » Wed Jan 15, 2014 9:59 am

So lets see if I missed something here . . . . . . He is pointing the camera at a gate and a lane / access area ? He is not pointing them at you or your house ? So what's the problem ? In the event that you are burgled his camera may provide some pics of the people arriving or leaving the area. If you proceed then you are not going to have a "relationship" with him. Unless the cameras are pointing into your property I really can't see your problem.

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Re: Security cameras

Postby olive » Wed Jan 15, 2014 11:30 am

Interesting thread.

So how do I stand with my vehicle DVR that records all journeys and more importantly has a motion sensor that picks up movement and records when the locked vehicle is parked at home? In that situation no other persons property is captured.

We recently have had Gypsies for want of a better word stealing metal from rural properties in the area.

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Re: Security cameras

Postby Ama » Wed Jan 15, 2014 12:33 pm

Video recordings are a very complex issue. What difference is there between recording from your car or a tourist taking images on a smartphone?
I doubt anyone would find out you are recording from the car. However you may not be able to use the images as evidence in a court case. At home, you have no problem as you are on private property.

Police do request and use images to identify offenders from cameras covering public areas (eg cameras on ATMs are recording what happens behind you), or even personal systems that just happen to take in other areas (as mentioned by OP). However, that does not mean, it can be used as evidence.

The data protection agency (AGPD) does not do inspections, unless they are notified of an irregularity. In this case, they can fine you between 900 and 600000 €. There are many cases, just google 'sanciones AGPD videovigilancia' to see.

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Re: Security cameras

Postby gerryh » Wed Jan 15, 2014 1:02 pm

scotty wrote: If you proceed then you are not going to have a "relationship" with him.
Normally I would agree with you.
BUT the neighbour in question is a nutter to put it mildly.
I live in the campo there are a few houses scattered around.
It was a nice peaceful area until he moved in, although he only lives here part time.
All the neighbours whose land borders his land have had problems with him.
For example he claims he can do what he wants on his side of the boundary but we can't do anything within 3 metres of his boundary.
I built some retaining walls on my side, he denounced me but the police took no action after I showed them the building licence.
He claims it is illegal for me to do any work in the campo on a Saturday morning. There are plenty more examples of his behaviour.
I have received 3 letters from his abagado with ridiculous demands.
One of them was that I should remove the concrete pathway at the bottom of my garden as it touches his private wall. His private wall is a earth retaining wall between our gardens.
Yesterday was the final straw.
Two inspectors from the ayuntamiento visited as he had issued three denouncias.
One was for my parking area which has been there for 8 years and was there before he bought his house.One was for a neighbours parking area which was constructed last year.
The other was for another neighbour who keeps an small touring caravan on her land for one family who visits her in the summer. It is their caravan.
We are all fed up with him and have decided it is time we issued some complaints against him.
Cheers
Gerry
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Re: Security cameras

Postby scotty » Wed Jan 15, 2014 2:52 pm

gerryh wrote:
scotty wrote:

We are all fed up with him and have decided it is time we issued some complaints against him.
Cheers
Gerry
There we go. You are only doing it to get back at him. He will be seen as a vexatious complainer by the council. You should not reduce yourself to his level. Instead you should form a "strong alliance" with the other neighbours that have had interaction with him and pool your resources. You say he is not there all the time, so who cares if his camera sees you walking to your gate or up the lane ? Life is very short Gerry, enjoy it.

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Re: Security cameras

Postby katy » Wed Jan 15, 2014 3:35 pm

I was told that you can denounce someone for making a false denuncia against you.

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Re: Security cameras

Postby gus-lopez » Thu Jan 16, 2014 12:56 pm

katy wrote:I was told that you can denounce someone for making a false denuncia against you.
Quite correct.especially if he has made multiple ones !
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Re: Security cameras

Postby gus-lopez » Thu Jan 16, 2014 12:59 pm

olive wrote:Interesting thread.

So how do I stand with my vehicle DVR that records all journeys and more importantly has a motion sensor that picks up movement and records when the locked vehicle is parked at home? In that situation no other persons property is captured.

We recently have had Gypsies for want of a better word stealing metal from rural properties in the area.
Same as mine , technically illegal & under the new updated 'citizen laws' probably get us both, along with all the Russians who fit them as a matter of course, locked up. Improve the Spanish though I suppose . :lol:
Todos somos Lorca.

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Re: Security cameras

Postby chrissiehope » Thu Jan 16, 2014 2:29 pm

gus-lopez wrote:......probably get us both, along with all the Russians who fit them as a matter of course, locked up. Improve the Spanish though I suppose . :lol:
not if you are locked up with the Russsians... :lol:
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Re: Security cameras

Postby peteroldracer » Thu Jan 16, 2014 3:00 pm

I have been thinking of getting an in-car video for a while, as I seem to have a lot of near-misses due to idiotic drivers, but now understand why Wortens and Amazon Spain are not full of them!
I used to cough to disguise a [email protected] I f@rt to disguise a cough.

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Re: Security cameras

Postby gus-lopez » Sat Jan 18, 2014 7:30 am

chrissiehope wrote:
gus-lopez wrote:......probably get us both, along with all the Russians who fit them as a matter of course, locked up. Improve the Spanish though I suppose . :lol:
not if you are locked up with the Russsians... :lol:
:lol: True. I do know a few words as 2 of the son's next door are married , 1to a Ukrainian & another to a Russian.
Could end up " mutilingual " :lol:
Todos somos Lorca.

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Re: Security cameras

Postby Mike.M » Sat Jan 18, 2014 10:12 pm

About a year and a half ago on this very forum, Ama was kind enough to advise on the form filling and wrote .......

"The procedure is the following:
Complete form online: https://www.agpd.es/portalwebAGPD/canal ... rivada.pdf
Tipo de solicitud: Alta
Modelo de declaración: Tipo
Tipos: Videovigilancia
You need to include your personal or company info, most other information is automatically adapted to CCTV data. If you have an electronic certificate you can send it online, if not the easiest way is to submit the document online and then print the last form, sign and send by fax to the numbers that appear in a popup.

To comply with the law,
- the DVR must be set to a maximum recording period of 30 days,
-you have to put up visible signs (download and personalise on https://www.agpd.es/portalwebAGPD/canal ... on_2.6.pdf
-you must have forms available should anybody want to cancel their data https://www.agpd.es/portalwebAGPD/canal ... MATIVA.pdf
- You cannot record public areas (eg. roads, footpaths) outside your property.

You should also have a document called 'documento de seguridad de nivel básico' established how the data is guarded, who is responsible for the data, eg., you can also download a model from the agpd page.

Recently I was told by one of my suppliers that if you mount a camera outside of your house and it joins directly onto the street, then the camera cannot look at a strip any more than 1m from your property.

Images must be deleted after 30 days but I have a script running that archives it off to UK based storage. Of course this isn't stipulated in my 'documento de seguridad de nivel básico' .

Regards,

Mike

Mike.M
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Re: Security cameras

Postby Mike.M » Sat Jan 18, 2014 10:28 pm

I should add that the last 2 paragraphs, are my words.


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