Photos of common areas on social media: allowed?

Posting a photo of the condominium's common areas on social media is lawful if it shows only places and objects, but it becomes processing of personal data when identifiable people, number plates, names on buzzers or behaviour attributable to an individual appear in the frame. In that case a legal basis is needed and, for the online dissemination of recognisable people, their consent. The fact that the courtyard is common does not automatically make images of those who use it publishable.

The concrete case

An owner photographs the entrance hall or courtyard and posts the shot in the building's social group or on their own profile, to report some dirt, show the works or comment on the building's tidiness. The photo shows a neighbour, their car with its plate, the lit window of a flat. The person portrayed objects to the posting. It must be understood whether that dissemination is allowed.

When it is just a place and when it is personal data

If the photo shows only material elements, without people or details allowing someone to be identified, there is no processing of personal data and publication is generally free. The line is crossed as soon as the image allows a person to be recognised: a face, but also a number plate, a name on the intercom or an identifiable situation. At that point Regulation (EU) 2016/679 comes into play and, for people, the right to one's image protected by Article 10 of the Italian Civil Code.

• Photos of stairs, courtyard, garden without people: usually publishable
• Photos with identifiable faces, plates or names: a legal basis is needed
• Online dissemination of recognisable people: the data subject's consent is needed
• Minors: reinforced protection, never publish without the consent of those holding parental responsibility

The household exemption does not cover open social media

GDPR does not apply to processing carried out by a natural person for purely personal or household activity. Sharing a photo in a small chat among a few acquaintances may fall within this scope, but publishing on an open profile, a public page or a large group potentially accessible to strangers removes the exemption. The wider and more indeterminate the audience, the more the processing is subject to ordinary rules.

The condominium's social group

Many buildings use social groups or chats to communicate. They are useful but delicate tools: posting photos of neighbours, plates or personal situations to point out behaviour can amount to unlawful dissemination and, if the content is offensive, also harm to reputation. The prudent rule is to post only images of objects, blur faces and plates when needed to document a problem, and never use the platform to expose individual owners.

Reporting a problem without breaching privacy

To document damage, a leak or an abuse there is no need to publicly expose people. The correct route is to send the report with the photos directly to the manager, who processes them for the management purpose set out in Articles 1130 and 1135 of the Italian Civil Code. The manager can then act against the person responsible without spreading images to the whole condominium community.

• Send photos and reports to the manager, not to the open group
• Blur faces, plates and names before sharing to document
• Do not use social media to expose or accuse individual owners
• Protect images of minors with particular care

The consequences of unlawful publication

Anyone disseminating online images of recognisable people without a legal basis can receive a removal request, be liable for damages and, in the most serious cases, incur civil or criminal liability if the content is defamatory. The condominium, as a community, is not responsible for an individual's act, but the manager must call for the correct use of shared tools and not fuel improper practices.

In short

• Distinguish a photo of the place from a photo of a person
• Ask for consent to disseminate recognisable images
• Prefer the official channel with the manager over open platforms
• Protect images of minors with special care

An official, traceable channel keeps communications off open groups. With AmministraPro the manager collects reports with attached photos, communicates confidentially with owners and archives documentation in an orderly way: the features are described on the /funzioni page and the available plans on the /prezzi page.