Condominium video surveillance: rules, privacy and resolution

Condominium video surveillance is today one of the most frequent requests in the owners' meeting, for reasons of security in the common areas and theft prevention. Installing cameras on the common parts is not, however, a free choice: it requires a resolution passed with the majority required by law and full compliance with the rules on the protection of personal data. Let us look at what the Civil Code says, what the privacy obligations are and how to avoid the most common mistakes.

The video surveillance resolution and the required majority

The reference is article 1122 ter of the Italian Civil Code, introduced by the 2012 reform. The rule states that resolutions concerning the installation on the building's common parts of systems intended to allow video surveillance are approved by the meeting with the majority set out in the second paragraph of article 1136. A number of votes is therefore needed that represents the majority of those present and at least half the value of the building, that is five hundred thousandths.

Private cameras and condominium cameras

A distinction must be drawn between condominium video surveillance, decided by the meeting to frame the common parts, and a system installed by a single owner to protect their own property. A private individual may install cameras for the security of their home, but must frame only their own spaces and avoid recording common areas or others' property. When the aim is to monitor entrance halls, courtyards, stairs or shared garages, the decision belongs to the meeting with the resolution described above.

Privacy obligations and the GDPR

A system that records people processes personal data and falls under the European GDPR and the guidance of the Italian Data Protection Authority. The condominium, normally through the administrator, acts as data controller and must respect the principles of lawfulness, minimisation and storage limitation. The footage must be limited to what is necessary for the security purpose, without slipping into a generalised monitoring of people. Video surveillance should be seen as a measure to adopt when other forms of control prove insufficient, and its extent must remain proportionate to the concrete risk it is meant to prevent.

Signs and privacy notice

The presence of the cameras must be signalled before entering the monitored area with clearly visible signs. The sign contains a minimum notice, known as first-level, that signals the video surveillance and indicates the data controller. A complete, second-level notice must also be available, drawn up in accordance with articles 12 and 13 of the GDPR, with the purposes, the legal basis, the retention times and the rights of the data subjects.

Where to point the cameras and what to avoid

The system must frame only the strictly necessary common areas. Some practical rules reduce the risk of infringement:

• orient the cameras on the common parts to be protected, avoiding filming public land and neighbouring property;
• do not frame the entrances of individual homes or spaces that reveal the owners' habits;
• limit the recording angle to what is strictly necessary for the security purpose;
• protect the recorded images with adequate measures and limit access to authorised persons.

How long images may be kept

Images cannot be kept indefinitely. The principle is one of limited storage: the recordings must be deleted after a short period, generally a few days, consistent with the stated purpose. Longer periods can be justified only in the presence of specific and duly reasoned needs. It is good practice to set the retention period in the resolution and in the notice, so that it is clear and verifiable. At the end of the period, deletion should happen automatically, by overwriting the oldest files, so that the images do not remain available beyond what is necessary because of an organisational oversight.

The administrator's responsibilities

The concrete management of the system on behalf of the condominium falls to the administrator: preparing signs and notice, defining who may access the images, keeping a record of the resolution and the privacy documents, handling any access requests from data subjects and the authorities. Orderly documentation is the first line of defence in the event of disputes, because it makes it possible to show that the processing was lawful and proportionate.

Managing the system in a traceable way

Between the resolution, the notice, the retention times and the requests from data subjects, video surveillance produces documents that must be kept and made available. Management software helps keep together the minutes that approved the system, the privacy documentation and the communications to the owners, reducing the risk of oversights.

AmministraPro lets you archive minutes, documents and communications relating to the video surveillance system in an orderly way and share them with the owners in their private space, keeping the meeting's decisions traceable. You can see how it works on the features page or compare the plans in the pricing section.