Electronic peepholes do not need the permission of the neighbors: Data Protection opts between security and privacy



A few days ago we saw what was needed to be able to install a connected doorbell or an electronic peephole at home. An increasingly common elementboth for models that only offer a view of what is happening on the other side of the door and those that can also record the scene.

The problem is given especially when these are installed in flats, where we share the landing with other tenants and owners. And this is where it appears a problem, related to privacy and the right to image. A conflict that the Spanish Agency for Data Protection (AEPD) wanted to solve. It is the answer given to the complaints of a neighbor with the file EXP202204806.

Electronic peepholes yes

The Spanish Agency for Data Protection, from now on (AEPD), considers that the permission of the neighbors is not necessary or the approval by the community of owners to install an electronic peephole. To do so, he justifies his decision that this type of device does not infringe the right to privacy.

The most normal thing until recently was that we had a traditional peephole installed at home, a device based on lenses that allows us to magnify and see what is happening on the other side of the door. They have been giving way to electronic peepholes composed of a screen that allows you to see the action on the other side. The problem is that, apart from seeing, they can also record and on a landing they can detect the activity of other neighbors and people who come from other floors.



Connected Doorbell Buying Guide: Installation Options, Compatibility, and Featured Models

Now the AEPD considers that this type of device does not infringe the right to privacy. A statement based on the complaint of a neighbor who installed one of these devices that also captured the activity in common areas. This was the claimant’s complaint:

“…he has installed a peephole of the make and model: EZVIZ DP1C. We have evidence that he uses it to record and know which neighbors go up to the landing or to hang clothes on the roof”

The neighbor claims that the purpose of the peephole is to record and know who is near his door. A complaint to which the AEPD responds by saying that the function of these devices does not differ from that offered by traditional peepholes. By the classic ones or by the modern ones, the digital ones, you can see the activity of the neighbors.

They also clarify that the use of installed devices must be carried out in accordance with its purposebeing prohibited for peepholes that can be used as video surveillance cameras.

Doorbell

The AEPD also states that in order to deal with the claim it must be demonstrated that the electronic peephole is being used as a surveillance camera. The difference between the two is that with the peepholes there is no need to carry out data processing management that falls within its competence. In addition, the AEPD adds the following:

“…the landing area near the door of the requested person is not an area intended for privacy, and recreational activities can be carried out in private or public areas (eg nearby parks), without it being stated on the other hand that a “data processing” of the same has been carried out”.

It should be noted that the device (digital peephole) is installed on the door owned by the defendant and not in the common area, which is why it differs from other cases analyzed by the AEPD with devices placed on a communal wall widely capturing the landing area.

For the AEPD and citing what is established according to the jurisprudence, the common areas and the recordings of the same, do not violate the right to privacy. And as such areas are considered landings, stairs, garage… only the areas in which people carry out a private activity are considered private.

“It cannot be understood that a garage of a community of owners has such intimacy that it prevents making recordings, given that it is a common space, the same as the access stairs to community homes, unrelated to any privacy, understood from the point of view of a constitutionally protected personal privacy, as it is an area of access to members of the community…”

However, and having said this, the AEPD also clarifies that these peepholes and their use “differs from other cases analyzed by this Agency in that a camera is installed on a community wall, widely capturing the landing area.” The difference is that peepholes are installed on a door and They can be used to protect against acts of vandalism..

“… this type of device being able to fulfill a dissuasive function against the aforementioned vandalism attacks that sometimes occur in Owners’ Associations…”

The AEPD speaks of “quarrels” and disputes between neighbors as the underlying cause that is often behind this type of complaint. Something that is repeated in this complaint, where the claimant states that the door of the claimed “has suffered various scratches.”

In conclusion, they affirm that the authorization of the rest of the neighbors is not necessary, although it is advisable to report the intention to install an electronic peephole the neighbors and inform the President of the community or administrator if any type of vandalism is taking place.

More information | AEPD



Related News

Everything we know about the PS5 Pro controller

As good as the PlayStation 5's DualSense controller is—adaptive triggers are really a you-to-try-it-yourself-to-stand-alone feature—it's no "pro" controller

Android files a petition for Apple after Drake sings about how “texts turn green”

Even if you've been living under a rock, you've probably heard that Drake surprised his seventh studio album, honestly, never mind, out on June 17th, and you

Bungie sues Destiny YouTuber for sowing chaos with fake copyright strike

Bungie has sued destiny The player who allegedly filed dozens of fake copyright strikes in his name. lawsuit, covered by gamepostSays California YouTube

External batteries are not only for the street: these are the best uses that we give to your USB at home

External batteries, or power banks, they can save us from a good one when we find ourselves without a battery in our mobile or tablet and we do not have a

Manufacturers don’t really know what to do with transparent TVs at home: these are the latest absurd ideas

In the world of smart tvs There have been several historical moments in which manufacturers have proposed to incorporate supposed improvements that have not

Seven fans hooked up to Wi-Fi to cool down and beat the heat even before we get home

Summer is coming, hot flashes are coming, nights in veins as a result of the different heat waves and what worries us most is keeping the house cool, at the