Recording the condominium meeting and privacy

Recording the condominium meeting and the privacy of participants coexist in a delicate balance. Recording the meeting can help the administrator produce faithful minutes and defend against challenges, but it means processing personal data, the voice and sometimes the image of the owners, with all the safeguards of the GDPR. The rule changes sharply depending on whether it is a simple audio recording or a video recording. Distinguishing the two cases is the first step to acting lawfully.

Recording the condominium meeting and privacy: audio and video

The main difference lies in the type of data collected. Recording audio alone captures the statements of those present; video recording adds the image, a datum that identifies the person more pervasively. For this very reason the legal regime is not the same: audio is allowed under lighter conditions, while video requires reinforced safeguards. In both cases the legitimate purpose is the correct drafting of the minutes, not indefinite archiving.

Audio recording

Recording audio alone is not an activity forbidden in the abstract and does not require the consent of all participants. Whoever records, typically the administrator, actively takes part in the conversation and may document it. The legal basis is the performance of a task connected to the management, referable to article 6 of the GDPR, and the purpose is drafting the minutes. The use constraint remains, however: the recording serves to draft the minutes, not to distribute the voices of the owners.

Video recording

Video recording requires two fundamental conditions: the informed consent of all participants and adequate storage of the file. Consent must be given clearly, with a declaration that can be documented in writing, before the meeting begins. It can never be presumed nor inferred from conclusive conduct: silence or a failure to object does not count as consent. If even a single owner does not consent, the video recording of the whole meeting cannot be carried out.

Consent must be collected beforehand

Since consent must precede the recording, it is advisable to put the item on the agenda or collect the agreements at the opening of the session, recording who consents and who objects. Consent is revocable, and revocation stops the recording from that moment. Documenting in writing who agreed avoids later disputes and is consistent with the accountability principle set by the GDPR. Participants joining remotely must also be informed and must be able to give or withhold consent in the same way as those present in the room.

Storage and deletion of files

The recording, whether audio or video, may be kept only for the time needed to correctly draft the minutes. Once the minutes are drafted and approved, the file must be deleted: keeping it beyond that point is processing no longer justified by the purpose. Under the accountability principle, it is for the administrator to demonstrate that they have adopted technical and organisational measures adequate to protect the recording from the risk of improper access or of loss, even accidental, of the data.

The limit on distribution

Recording in order to draft the minutes is one thing, distributing the recording is another. Publishing the audio or video on chats, social media or condominium groups, or sending it to those who have no right to it, is a further processing that exceeds the purpose and can expose whoever does it to liability, including for damages. This also applies to the other owners: someone who takes part and records for personal use cannot then distribute the statements of others. The document that has legal force remains the signed minutes, not the recording, which merely supports their drafting internally.

Good practice for the administrator

An administrator who intends to record should inform participants of the purpose and storage period, limit the recording to what is needed for the minutes, keep the file in a protected environment and delete it right after approval. For video recording the prior consent of everyone must always be obtained. These precautions also apply to meetings held by video conference, where the platform recording follows the same rules.

• Distinguish audio recording, allowed without everyone's consent, from video.
• For video recording, collect the written consent of all participants before the session.
• Inform participants of the purpose and storage period of the recording.
• Delete the file after the minutes are drafted and approved.

Managing minutes and privacy with software

Condominium management software helps draft the minutes from the recorded attendance and votes, reducing the need to keep recordings beyond what is strictly indispensable. Keeping minutes, proxies and consents in a protected archive, with access reserved to those entitled, makes it easier to meet the security and storage obligations set by the GDPR.

AmministraPro lets you draft and archive meeting minutes in a protected environment, with access reserved to the owners concerned and a trace of communications. You can see how it works on the features page or compare the plans in the pricing section.