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PROPERTY

What’s the law on having security cameras at home in Spain?

If you're worried about home security in Spain, you may want to know how, or where you can legally put security cameras in or around your house. Here's everything you need to know.

What’s the law on having security cameras at home in Spain?
Photo: Pixabay.

Many people consider putting up security cameras (cámaras de vigiliancia or cámaras de seguridad in Spanish) to improve home security. Whether to discourage theft and vandalism or simply to give you peace of mind, in 2023 there are countless options for home security systems that can even live stream HD-quality footage directly to your mobile.

But in Spain it’s not as simple as simply putting up cameras wherever you want. There are rules about where you can have security cameras, especially in a country where many people live in shared apartment blocks with common areas. Things can get complicated and ultimately the decision might not actually be yours alone.

READ ALSO: How many CCTV cameras are there in Spain?

Data protection is also a strong component of Spain’s security camera laws, and there are strict rules on accessing, storing and deleting images and personal data.

The Local has broken down everything you need to know about security cameras in Spain below.

The law

To simplify the rules, generally speaking, taking images of or recording on private property is allowed in Spain, but those that record public areas are not – with a couple of exceptions.

According to the Spanish government’s official law on security cameras and data protection: “Cameras and camcorders installed in private spaces cannot obtain images of public spaces unless it is essential for the intended surveillance purpose, or it is impossible to avoid it due to the location of them”. 

In the common areas of private buildings, things generally have to be decided on by la communidad (similar to a homeowner’s association within the building) and with the approval of the majority of the owners in the buildings.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

There are some steadfast rules you need to follow, regardless of where the camera is or where (public or private) it’s recording.

  • Before taking images or recording video, the owner of the camera must register it with the Spanish Agency for Data Protection (AEPD).
  • In order to install a security camera, you are legally obliged put stickers in a visible place so that passers-by know that they are in an area covered by video surveillance. The poster must include the camera registration data and the address they can go to request that their image is deleted as is their right according to Spain’s data protection legislation.
  • Only the owner of the camera can have access to the recorded images. If access to the feed is through the internet, it must be restricted by a username and password.
  • The place where the actual video surveillance equipment is located should itself have surveillance or restricted access. Only the authorised person (that is, the one who registered with AEPD) can access it.
  • You must save the images for up to 30 days after they have been recorded.

Can I legally record a neighbour’s property or a public space?

Put simply: no, as the recording of images and videos are limited to private property. Therefore, recording public areas such as the street, adjoining land or nearby homes are not within your legal rights. 

However, as mentioned before, if the build or location of your private property means that a section of public space is unavoidably covered by the cameras, say a small section of the street or a shared entrance to a building, exceptions can be made, but it’s always advisable to communicate everything with your neighbours and seek proper legal advice.

What about cameras facing my front door?

If the camera only records your property and the area covering the front door, technically speaking it is not illegal, despite being in a public place, because it is considered a personal domestic activity and is therefore not subject to the data protection laws.

Can I install security cameras in the common areas of my building?

If you, or anyone else, wants to install security cameras in the common areas of a shared building (say the lift or corridor) it must be approved in a meeting of la comunidad by a three-fifths majority.

Can I install cameras to keep an eye on people working on my private property?

If you want to record images of someone working on private property, say a builder or cleaner, you may install cameras for this purpose but must inform the worker beforehand in order to legally record them.

What happens if I record a crime with my security camera?

In the event that one of your cameras records footage of a criminal offence, you are legally bound to hand over any material to the police in person, and the images must not be used for any other purposes under any circumstances. 

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For members

VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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