Practical guide
Video surveillance of common areas: how to approve it
Installing cameras in common areas is now a frequent request to prevent thefts and vandalism, but it is also a sensitive measure because it affects the privacy of anyone using the building. The Italian Civil Code governs it in Article 1122-ter, introduced by the condominium reform, which sets a precise majority for the resolution. Added to this is the GDPR framework, which requires information signs, limits on the areas filmed and reasonable retention times. Knowing the majority, duties and limits in advance avoids void resolutions and disputes, and lets the manager run the system as data controller in a compliant and traceable way.
The majority required by Article 1122-ter
Article 1122-ter of the Italian Civil Code states that resolutions on installing video surveillance systems in common areas are approved with the majority of those present representing at least half the value of the building, that is the quorum of the second paragraph of Article 1136. Unanimity is therefore not needed, but the simple majority typical of ordinary administration is not enough either.
The resolution must clearly state the subject: number and position of the cameras, areas filmed, who will manage the system and the security purpose. A generic resolution that merely authorises video surveillance without details is more exposed to challenge, because it does not let owners assess the impact on their privacy.
What the cameras may and may not film
Filming must concern only the common areas: entrance halls, courtyards, condominium garages, entry areas and passageways. It is not allowed to film the front door of a single unit in a targeted way, nor privately owned spaces without the owner's consent, nor the public street beyond what is strictly necessary to protect access to the building.
The camera must be positioned and aimed to film the area useful for security and nothing more, following the data minimisation principle. Pointing the lens at other people's windows, balconies or entrances exposes the condominium to complaints and liability, because it exceeds the purpose of protecting the common areas.
- Yes: entrance halls, courtyards, garages and common passageways
- No: entrances of single units filmed in a targeted way
- No: other people's private spaces without consent and public streets beyond what is necessary
The privacy duties to observe
A condominium that installs video surveillance is the data controller under EU Regulation 2016/679. It must therefore display clearly visible information signs before entering the monitored area, stating that video surveillance is active and the controller to contact, and keep a full privacy notice available to the owners.
Image retention times must be limited to what is strictly necessary for the security purpose, and access to recordings must be reserved to a few designated people. It is good practice to formalise who may view the footage and to document access requests, because in the event of an inspection the condominium must be able to prove it respected the accountability principle.
How to keep the resolution and duties in order
For a compliant system it is best to keep together the resolution that approved it, the design with the camera map, the privacy notice, the text of the signs and the list of designated people who may access the images. This documentation proves the lawfulness of the installation and GDPR compliance towards both the owners and any inspection.
Software such as AmministraPro helps the manager handle the convocation with the agenda, the minutes of the resolution and the archive of privacy documents in a single traceable environment, so every step remains reconstructable over time. The available features and plans are described on the /funzioni and /prezzi pages.
Frequently asked questions
Which majority is needed to install common-area cameras?
The majority of those present representing at least half the value of the building is needed, that is the quorum of the second paragraph of Article 1136 of the Italian Civil Code recalled by Article 1122-ter. Unanimity is not required, but the mere simple majority of those present is not enough for a valid resolution.
Can a single owner install a private camera?
Yes, to protect their own door or exclusive space, provided the framing is limited to their own area and does not systematically film the common parts or other people's entrances. In that case no resolution is needed, but the general limits protecting the privacy of others still apply.
How long may the images be kept?
The GDPR does not set a rigid figure equal for everyone, but requires images to be kept only for the time strictly necessary for the security purpose. The condominium must set a short, proportionate period, document it in the privacy notice and be able to justify it in case of an inspection.
Are signs needed even if the cameras are clearly visible?
Yes, information signs are mandatory regardless of how visible the cameras are. They must be placed before entering the monitored area and state that video surveillance is active and the data controller to contact to exercise one's rights over personal data.
Who is responsible for processing the recorded data?
The condominium, in the person of the manager who represents it, is the data controller and answers for the system's GDPR compliance. It must limit access to the images to designated people, handle owners' requests and keep the documentation proving compliance, duties that software like AmministraPro helps to track.
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