個人資料保護辦公室

Gabinete para a Protecção de Dados Pessoais

Office for Personal Data Protection

Enquiry Case Notes
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No: 0109/C/2012

Title: Installing a video surveillance system outside a residential flat for security reasons

Content:

    Resident X installed a video surveillance system outside his flat for security reasons. Apart from the area outside his flat, the cameras also cover the communal area of the building and area outside his neighbors’ flats. An owners’ committee has not been established for the building, neither nor any building management. He consulted the GPDP whether his installation is conformed to the Personal Data Protection Act (Law 8/2005).

Result:

    Because the said Resident failed to provide detailed and specific information, the GPDP could only provide the following opinions based on general personal data processing:
  Article 3(2) of the said Law provides that it does not apply to the processing of personal data carried out by a natural person in the course of a purely personal or household activity, and saving those with the purposes of systematic communication and dissemination.
  The current enquiry is not regulated by the Personal Data Protection Act, as long as X installed the video surveillance system for household security and will not used the captured images for system communication and dissemination.
  However, since the abovementioned surveillance system has been installed in the communal area of the building and, unavoidably, it will captures images of his neighbor and their residential area. As a consequence, this will be subject to other laws and regulations (including the Civil Code and the Penal Code) and, possibly, may lead to disputes. For this, X has to take into consideration the shooting range of the system cameras.

Reference:
Please refer to "Personal Data Protection Act", articles 3 .

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