Cameras on the private landing in a condominium: what may be filmed and what may not

Cameras on the private landing in a condominium are a constant source of conflict between neighbours. The individual owner wants to watch the entrance of their own home, but the landing is almost always a common part across which other residents pass. The point of balance is drawn by the GDPR and by the measures of the Italian data protection authority (Garante), which sharply distinguish what may be filmed from what invades another person's sphere.

Cameras on the private landing in a condominium: the personal use rule

The Garante has clarified that an individual may install a camera for exclusively personal purposes, that is for the security of their own home. In this case the ordinary rules on video surveillance do not apply, but on one precise condition: the images must not be systematically communicated to third parties nor disseminated. The exemption for domestic use holds as long as the filming remains confined to the space strictly necessary to protect one's own door.

What may not be filmed

The camera may not continuously film the areas across which other owners pass or that belong to them. Pointing the lens at the common front door, at the lift or at the neighbour's landing violates the privacy of those passing and may be prohibited. The principle is that filming must be limited to what serves the legitimate purpose of security: the more the angle widens towards other people's spaces, the more the coverage becomes unlawful.

The exception of the narrow landing

There is a practical qualification. If the building's landing is very narrow, it may be impossible to film one's own door without also filming the area in front of the neighbour's entrance or the lift zone. In these cases a minimal intrusion may be tolerated, provided the filming remains proportionate and aimed solely at security. It is not a licence to watch the neighbour, but the recognition that in cramped spaces some margin of overlap is unavoidable.

The safeguards required by the GDPR

Even when the camera is lawful, the GDPR and the Italian Privacy Code require precise safeguards. Clearly visible notice signs must be displayed to indicate the presence of the system; the images must be kept for short periods and then deleted; access to the recordings must be limited and protected. The improper dissemination of the images, for example their publication or sharing, is prohibited and may entail liability.

Cameras on the common parts: the meeting is needed

The case of a condominium system watching the common parts is different. Here the individual does not decide, but the meeting does, under article 1122 ter of the Civil Code introduced by the 2012 reform. The double majority of article 1136, second paragraph is required: the favourable vote of the majority of those present representing at least half the building's value. Unanimity is no longer necessary, but the resolution must respect the privacy of those who use the spaces.

Conflicts between owners: how they are resolved

When an owner complains of being filmed by the neighbour's camera, the route is to ask for the lens to be reoriented or for the portion of the image exceeding the personal purpose to be masked. If the conflict persists, a complaint may be filed with the Garante or legal action taken. The administrator has no direct powers over private cameras, but can intervene when the system invades the common parts or breaches the condominium regulation.

The penalties for improper use

Improper use of video surveillance is not without consequences. The unlawful processing of personal data can entail the penalties provided by the GDPR, which the Garante applies according to the seriousness and duration of the breach. Beyond administrative penalties, someone who feels unlawfully filmed can ask for the camera to be removed or reoriented and, in the most serious cases, for compensation for the damage. In some situations the improper filming and dissemination of images can also have criminal relevance.

For this reason prudence suggests limiting the framing from the moment of installation and keeping the images for the minimum time necessary. A camera pointed only at one's own door, with short retention and without sharing, remains within personal use and rarely gives rise to challenges. The problem arises when the lens permanently watches other people's spaces or when the images are published on social media or sent to third parties without a legitimate reason.

• Limit the filming angle to the space needed for one's own security.
• Display notice signs when the filming goes beyond strict personal use.
• Keep the images for short periods and then delete them.
• Do not disseminate or share recordings without a lawful basis.

Documenting systems and resolutions with software

Condominium management software helps keep order over common video surveillance systems: it records the resolution that authorised them, stores the notice and the technical documents and tracks communications with owners in the event of complaints. This makes it demonstrable that the common system was decided and managed in compliance with the rules. AmministraPro archives resolutions, minutes and condominium documents and manages communications with residents. You can see how it works on the features page or compare the plans in the pricing section.