A tenant discovered she was being filmed by the landlord in a house rented by rooms in Spain. The owner had installed four cameras inside the dwelling, covering the entrance, the kitchen, the stairs, and the water heater area. The tenant became aware of the surveillance because she received SMS messages from two men who described situations they observed through the cameras. The system also included facial recognition capability and audio capture, with images retained for a month.
The landlord defended himself by arguing that tenants were aware of the video surveillance through the coexistence rules and a clause in the rental contract, with informative signs also existing. However, the Spanish Agency for Data Protection (AEPD), which examined the filed complaint, considered that having a contractual clause does not automatically make the collection and processing of images legitimate.
AEPD applied a fine of €6,000 to the owner for violation of Article 6 of the General Data Protection Regulation. The authority classified the conduct as serious negligence and highlighted that, when a property is transferred to third parties, it can no longer be seen merely as the landlord's private space, and the rights to privacy and data protection of those living there must be respected. In addition to the financial penalty, the owner was required to completely uninstall the surveillance system.
The article also notes that, in Portugal, a similar case would be assessed by the National Commission for Data Protection (CNPD), following similar principles. A clause in the contract would also not be sufficient to legitimize cameras in shared spaces, and it would be necessary to demonstrate a valid legal basis, the necessity of the measure, and the absence of less invasive alternatives.
