Hidden security cameras for the house. Is this legal?
To stay safe at home, we can resort to various means. One of the most used in recent times is the installation of hidden home security cameras for the house. However, their use is not legal in all situations. Would you like to know what those are?
At home, we have both people and goods that we worry about, and it's normal for us to look for ways to achieve comprehensive security. This is why video surveillance systems have become so popular in recent years.
What we must never forget is that taking pictures is a personal matter. We need to keep an eye on the rules on data protection.
To avoid confusion, first of all, it is necessary to know the difference between private recordings and video surveillance. They are private recordings when made for private purposes, whether in a public or private space.
Video surveillance is a recording made for security purposes in public places. For example, a camera installed on a street by the state security forces, or a camera that records what is happening in a store.
However, if the camera is located in a private apartment, it is not considered video surveillance, but a private recording.
Is it legal to install hidden security cameras in a house?
No. Installing and recording with a hidden camera in a house is legal or illegal, depending on the purpose for which it is installed.
If a legal purpose is sought, such as .B improving security in the home, it is perfectly legal as long as the recordings are used for no purpose other than to be able to prove that a crime has been committed.
Completely illegal is the installation of hidden cameras in intimate rooms such as a bathroom. Here we will show you how to detect a spy camera.
When should hidden security cameras be installed for the house?
In most cases where a hidden camera is installed, it is done to monitor employees. For example, if there is a maid or a nanny in the house.
However, the recordings obtained in these cases are not legal if the employee has not been informed in advance that he is being recorded.
Even if it is a private apartment, for the employee it is his workplace, so he must be informed when recordings are made.
Another reason for installing hidden cameras is to obtain evidence that someone is committing a crime in the house,e.B. by abusing a child. In these cases, of course, it is not necessary to report the installation of the camera.
Do hidden surveillance cameras for apartments serve as valid evidence in a trial?
If the hidden camera has been used according to the requirements for legal use, the images you take can easily be used in court.
In cases where the use of the camera is illegal, the images taken may serve as evidence that the camera has been used unlawfully.
There are many cases where the footage was used to convict the exact person who installed the spy camera. In Spain, there are several cases of people convicted of taking pictures of their relatives in the bathroom.
What does the case law say about spy cameras in the apartment?
The phenomenon of recording in private homes is newer than it seems, so the legislation has not yet clearly clarified it.
Case law has established that recordings taken in public places and workplaces are legal and valid as evidence if there has been a warning about the installation of cameras and the cameras do not point to places where they can affect the privacy of people (a bathroom, a wardrobe, etc.).
When it comes to installing spy cameras at home, recognition as evidence by the courts is a bit more complex.
In many cases, they are not accepted as evidence, since they are shots taken without the consent of the protagonist. However, the judges agree that exceptions must be made.
Thus, a recording taken with a spy camera in an apartment is admitted as evidence if the recording does not violate constitutional rights,if the content shows that there is a crime and if there is no other way to prove that the crime was committed.
An issue that continues to cause controversy
As you have seen, the lack of a specific regulation on this issue means that it is up to the courts to decide on a case-by-case basis whether the footage taken with spy cameras is legal or not.
If you are thinking of installing one in your home, it is advisable to use it only if you suspect that a crime is being committed. Also keep in mind that the recording only serves to prove the crime to the judicial authority, so you can't broadcast it in any way.
Outside of this case, taking pictures of third parties can violate the Data Protection Act and even violate the honor and privacy of individuals, which can lead to prison sentences.
When using spy cameras, you should always keep in mind that we need to pursue such a legitimate goal as the detection of a crime.
If you want to monitor employees who work at home while you're not there, you'd better not use these types of cameras. Install a video surveillance system and warn your employees that they are being recorded. If you do not do this, not only will you be punished, but the images taken are not legal and you will not be able to use them in court.
