The security recordings They are an element that can serve as evidence when a crime is committed. Although its use is in principle private , to monitor a home, a commercial premises, etc., the authorities can request the recordings if they suspect that they may capture a criminal act.
Since people have the right to privacy, the Data Protection Law It is what regulates the recording and use of images by a surveillance camera. The main question is: can an individual request the images of a camera from a third party? Or are these private, even if the person appears? We resolve these doubts below:
Can images from a surveillance camera be requested?
La request for security camera images or surveillance cameras from a third party, be it an individual, company, neighborhood community, etc., it is possible, but there are certain limitations . Not everyone will have the right to have the images, but only these people:
Who appears in the recording
If you have suffered any type of robbery in an area where there are security cameras, you will have right to request images as long as you appear in them. Regardless of whether it is a parking lot, a shopping center, or a corner recorded by the camera of a nearby business, it is essential that the interested party appear in the video.
Therefore, if you leave your car in a parking lot, and something is stolen from the interior, or the vehicle itself, but you do not appear, the person responsible for those images will not give them to you, at least not in a private capacity.
The State Security Forces and Bodies
The police or Civil Guard has the right to request images if they investigate any criminal act and suspects that the cameras may have recorded something related to research.
In this sense, if your vehicle is stolen As we said before, you yourself will not be able to request the images if you do not appear, but the authorities will be able to do so if you report the theft.
Judges and Courts
When they are exercising their functions, on Thursdays and courts too They have the right to request images from third parties , since they can constitute evidence that clarifies the case being treated.
These are the only three figures who can request images from third-party surveillance cameras. Otherwise, the responsible for those images has to respect the Data Protection Law and not transfer the audiovisual content in any case.
On the other hand, security images may be requested by the aforementioned persons, but not for any reason. The most common are theuse of videos as evidencein the event of a robbery, assault or simply some type of accident.
This right of access can also be exercised if you simply want to check what the treatment being done to the images . Anyone who is recorded can request the content to check what is inside and what use is being made of it, as part of respect for the right to privacy.
If the objective isidentify an attacker, things change, since an individual cannot request images for it. Here, it will be the authorities who must intervene to request images and the subsequent identification of the assailant. The victim should only cooperate with the police when asked.
When it comes to images recorded on public roads , individuals do not under any circumstances have the power to request the images. Only the Police and Judges or Courts can access them.
How do I request a security recording?
Now, you know if you can request a surveillance camera recording and when you can do it. The next step is to know what you have to do to access the images , since it is not as simple as going to the person in charge and asking them. It is necessary to follow a legal procedure .
We tell you, step by step, how to request a security recording:
- Check the license plate which warns thatIt is a video-surveillance area.: All surveillance cameras installed must include a notice that includes an address or contact to go to for access to the images. The first thing you should do is know where you should make the request.
- Write an application: In the request for the images, the identification data of the person who is requesting access to the images must appear, as well as the reason for the request. Let us remember that the right of access can be exercised, but the reason must be indicated, since the images cannot be shown without reason.
To facilitate this step, the Spanish Data Protection Agency (AEPD), provides an application form on its website that you can download and fill out.
- Wait for response: The person responsible for the images has a maximum period of one month to respond to your request, indicating whether or not they provide you with the images. The question that most commonly arises is: can they be denied?
Just like the interested party has the right of access , the person responsible has the right to refuse to give up the images, although there must be a reason. The most common is that other people appear in the video, and the person responsible indicates that they have the obligation to protect their right to privacy.
What to do if they refuse to give the security recording
If the answer is negative and you are not satisfied with it, you can reclamar a la AEPD , which ultimately will have the power to decide If you have the right to see the video or you can be denied.
Given this, there is another possibility: data protection regulations , which allows you to request a description of what appears in the video and concerns the interested party.
Therefore, if specific details such as a date and a time slot are attached to the request, and a description of who appears in the images , the person responsible can send you a document in which they attach a description of what is observed in the video.
Read next: Best bedroom hidden cameras | Best Spy Camera Watch | Best low level CO detector | Best Wifi Router EMF Protection | Best Camera for MEVO Plus | Best Security Camera Without Subscription | Best Budget Camera for Blue Iris | Best Barking Dog Alarms | Best Free VPN for Rainbet | Best Solar Powered Security Camera | Alarmes Maison
