To keep us safe at home we can resort to different means. One of the most used lately is the installation of surveillance cameras hidden for house. However, its use is not legal in all situations. Do you want to know what are they?
At home, we have both people and possessions that matter to us looking for ways to achieve a comprehensive security. For this reason, in recent years video surveillance systems have become fashionable.
What we must never forget is that the capturing of images is a fact of nature person. We have to andarnos with eye with the rules regarding data protection.
To avoid confusion it is first necessary to know how to differentiate between private recordings and video surveillance. Are private recordings if they are made for special purposes, whether in a public or private space.
The surveillance video are recordings made for security purposes in public places. For example, a camera installed on a street by the Forces and Bodies of Security of the State or a camera that records what happens in a trade.
Now, if the camera is in the interior of a private home is not considered to be surveillance, but a private recording.
Is it legal to install surveillance cameras hidden in a house?
The installation and recording with a hidden camera at home will be legal or illegal depending on the aim pursued with it.
If you are looking for a lawful purpose as improving the safety in the home is totally legal as long as the recordings are not used for any other purpose which is not able to demonstrate that it has committed any crime.
What is totally illegal is the placement of hidden cameras in private spaces like a bathroom.
Do I need to install surveillance cameras hidden home?
In most of the cases in which is used to install a hidden camera is to monitor employees. For example, if in the home there is a domestic worker or a nanny.
However, the recordings obtained in these cases will not be legal if it has not been previously reported to the worker that he is being recorded.
Although it is a private home, for the employee it is your workplace, so you should be informed if you are doing recordings.
Another reason for installing hidden cameras is to get evidence that someone is committing a crime in the dwelling, for example, abusing a child. In these cases, of course, does not need to be told of the installation of the camera.
Surveillance cameras hidden home, can Serve as valid proof in a trial?
If the hidden camera has been used in compliance with the requirements to consider that their use is legal, the images that you have captured may be used before the court without any problem.
In those cases in which the use of the camera to be illegal, the captured images may come to serve as proof that she was doing a bad use of the camera in breach of the law.
There are not a few cases in which the recordings have served to condemn precisely who installed the spy camera. In Spain there are several cases of persons convicted of recording images of their relatives in the bathroom.
What does the case law about the spy cameras at home?
The phenomenon of the recording in private homes is more new than it seems, therefore, that the legislation has not been solved yet clearly.
The case law has determined that recordings made in public places and in work spaces are legal and valid as evidence if they have been advised of the installation of cameras and these do not point to locations that may affect the privacy of the people (a bathroom, a locker room, etc)
In the case of installation of spy cameras at home the acceptance as evidence by courts is somewhat more complex.
In many cases not supported test to be recordings made without the consent of the protagonist. However, the judges agree that we should make exceptions.
So, is admissible as evidence a recording made with a spy camera in a home if the recording is not breaching any constitutional right, if the content shows that there is a crime, and in addition there is no other way of proving that this crime was committed.
A topic that continues to generate controversy
As you can see, the lack of a specific regulation on this issue makes them the courts have to go by solving a case-by-case if the recordings made with the spy cameras are or are not legal.
If you are thinking of installing a spy camera at home, it is recommended that you only use it if you suspect that you are committing a crime. Also, keep in mind that the sole purpose of the recording would be to prove the crime before the judicial authority, so that you will not be able to give dissemination of any kind.
Outside of this case, the recording of images of third parties may violate the law of protection of data, and even attempt against the honor and privacy of individuals, which can lead to prison sentences.
The use of spy cameras there is that to do so always bearing in mind that we need to pursue a purpose so legitimate as is the discovery of a crime.
If you want to monitor employees who work at home when you're not, better not to use this type of cameras. Install a video surveillance system and warn your employees that they are being recorded. Not doing so not only can you be punished, but that the images captured will not be legal or you'll be able to use them in a trial.