What happens if we are walking down the street and notice a camera pointing towards us? Security and data protection are two concepts that, although they may not seem to have much to do with each other,they are very related.
According to Spanish law, all citizens have the right to privacy. However, the right totake the necessary precautions to protect a business.These include the installation of security cameras.
How do these two issues coexist and what should we do if we do not want to be recorded? We explain it to you below.
Data protection law and surveillance cameras
Article 20.3 of the Workers' Statute establishes that: “The employer may adopt the surveillance and control measures that it deems most appropriate to verify compliance by the worker with his or her work obligations and duties.".
These “timely measures” indicated by the law include the installation of security cameras. However, and to respectthe right to privacy of workers, this possibility is limited.
It is illegal, therefore, to place these devices in bathrooms, locker rooms or similar spaces. Areas where a person's privacy may be violated are thus excluded. This limitation also extends to public spaces.
The sole purpose of security cameras is to protect the business. So, if we work in a store, or go in to buy, and we detect the presence of cameras, we will not be able to complain or complain about it.
There is only one exception and that isimproper use of captured images(such as, for example, spreading them over the Internet).
- Security camera with audio: Legal or illegal?🎙️
A very different issue is that of audio recording. Recording private conversations is only permitted in the event thatthe person recording is part of that conversation. Otherwise it would be, in principle, illegal.
Now, if it is a matter of video surveillance of a business, the law does consider this as a protection measure.
The legality of audio, ultimately,a judge decides, depending on whether the measure is considered proportional or not. If, for example, we want to prevent theft in our store, it does not seem logical or necessary to record employee conversations.
However, if we suspect that criminal activity may be being committed at our premises, it may be a proportional measure and, therefore, be accepted in a trial andnot be considered illegal.
Ultimately, the Workers' Statute mentions video surveillance as a valid measure, without specifying the issue of audio.
Standards that a business must comply with to install security cameras
We must not forget in any case that accepting security cameras to protect a business does not imply that the right to privacy ceases to be contemplated or defended. In this sense, if your boss installs video surveillance devices, he will have to do so respecting a series of rules:
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It is mandatoryinform employeesof the presence of security cameras to respect your privacy, whether or not they include audio recording. It is not permitted, under any circumstances, to install a video surveillance system without their knowledge.
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- You mustrespect moral integrity and the right to privacyof workers without any type of exception. This makes it impossible to place the cameras in certain spaces (bathrooms, locker rooms, etc.).
- The objective of the installation of said cameras and the processing of personal data must respond to theprinciple of proportionality.
- The use of cameras with audio is only allowed in the event that there is noless invasive optionto ensure safety or exercise labor control.
So what do we do if we realize that our company was recording us without our consent? In a situation of this nature, we could file a complaint.
We will have to inform the authorities that our right to privacy has been violated, capturing our images and conversations without our knowledge of it.
Security and privacy cameras in public spaces
What happens with the issue of recording images on the street? In general terms, the legislation is very clear in this regard: the capture of images of public roadsIt is only allowed to the State Security Corps and Forces.
Therefore, private companies are not allowed . So it is not legal to install a security camera that records images on the street.
But, on the other hand, what happens to those businesses or private properties that want to monitor the entrance door, if it faces the public road? Here, it is worth noting that The law contemplates exceptions.
Specifically, the Data Protection Law states that: “Cameras and video cameras installed in private spaces They will not be able to obtain images of spaces public.
As an exception, it is essential for the purpose of surveillance. that is intended, or it is impossible to avoid it due to their location.
In any case, any unnecessary data processing for the intended purpose must be avoided.”.
If the cameras record a space belonging to the street becauseThey can't avoid it due to angle issues would not be considered illegal . It also includes needing to guard an entrance door or access to your private property,
Something very different is the treatment of the captured images. These may only be used for security-related issues.
Therefore, if you are walking down the street and detect the presence of a camera, you will not be able to complain unless it has not been placed there for the sole purpose of guaranteeing security.
Conclusion on privacy and security cameras
In conclusion, installing security cameras in order to guarantee protection is completely legal as long as it is noted that the area in question is under video surveillance, and the principle of proportionality and privacy with security cameras is respected.
The images captured cannot be disseminated in any case, nor used for personal purposes, beyond being reviewed when there is a suspicion that security has been compromised, or when required by the competent authorities.
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