The protection of personal data in the European Union (EU) is governed by the General Data Protection Regulation (GDPR) and requires very strict compliance by the entities exercising control and processing of the personal data. Installation of any kind of CCTV cameras in common areas of the jointly owned buildings by the Management Committee falls under the scope of the Regulation. Therefore, Management Committees prior to proceeding with the installation of such cameras need to be aware of the duties and responsibilities that such installation entails.
Firstly, the installation of CCTV cameras must come following a decision of a duly elected Management Committee of the jointly owned building and must cover only the common areas of such building. Furthermore, such installation must be necessary for the proper administration of the jointly owned building and not for any other reason.
Once such a decision is taken, it is possible for the Management Committee to employ an entity (e.g Management Company) that will be responsible for the processing of the data. However, as was stipulated by the Data Protection Commissioner of the Republic of Cyprus Mrs. Irini Loizidou Nikolaidou, the initial collection, and storage of personal data of the tenants and/or owners, for the purposes of managing the jointly owned buildings, is done exclusively by the Management Committee. It must be noted that any person recorded has the right to access such data. Finally, data that has been recorded must be stored for a reasonable amount of time always having in mind the purpose this data serves.
Mode of Operation
In terms of the operation of CCTV cameras, video recording must always be followed by appropriate signs indicating that such recording is taking place including the details of the controller/processor (Management Committee of the Complex). At the same time, it is very important to be aware on which premises such video recording is allowed or prohibited. Data Protection Commissioner has outlined certain examples that can be seen below:
- Entrance/exit of a building;
- Outside the elevator, isolating the image exclusively on it;
- Over card payment device and/or cash register, isolating the image exclusively on it;
- Parking of apartment buildings after a decision of the Management Committee;
- Waiting areas;
- Inside the elevator;
- Indoor / outdoor dining area of cafe, restaurant, etc;
Having in mind all the above, the Management Committee of the jointly owned building can successfully operate CCTV cameras in common areas.