See Security Cameras who can See the Images of a Recording System?


Neither companies, nor property managers, nor clients, manage to find the answer to this simple question. Who can see the images of a video-surveillance system?

The real problem with coming up with this answer is that there is legal insecurity, depending on how the articles that legislate it are interpreted.

Thanks to our association Cameras lab, we have learned of a report from the Central Unit of Private Security of the Police on “the viewing, in real time, of the images captured by CCTV cameras” installed in communities of owners.

Two legal concepts should be cited beforehand for a better understanding of the subsequent exposition:

The Sixth Additional Provision of Law 23/1992 of July 30 on Private Security  excludes from private security legislation the sale, delivery, installation and maintenance of “technical security equipment, provided that they do not include the provision of connection services with alarm centers.

In the aforementioned police report, when the CCTV best camera is used for the purpose of preventing theft, intrusion or other criminal acts, “the viewing, in real time, of the images captured by said video surveillance systems may only be carried out by private security personnel.

The problem with this report is that it does not distinguish between CCTV installations and video surveillance systems, using these terms interchangeably. And it does not distinguish between systems connected to ARC or video surveillance Control Centers and those that are not connected.

However, it does make a distinction regarding the purpose of using image capture systems:

 If they are used for the purpose of preventing theft, intrusion or other criminal acts, real-time viewing can only be done by security personnel private. If the CCTVs are used for other purposes, they can be viewed by personnel other than private security personnel who comply with the provisions of the Personal Data Protection Law.

Considering that, when a concierge views the cameras in real time, he is carrying out surveillance tasks entrusted exclusively to private security personnel, seems to us to be a misinterpretation of article 71. If so, all doormen and concierges should be security personnel. Private because it would be unthinkable that they will not carry out tasks of “seeing” that enters the property, how the facilities are used, or that people outside the home are expelled. These tasks of «seeing» with your own eyes what happens in the property, are not very different from doing them through a monitor in real time.

Delimit the application of private legislation to the purpose pursued with the installation and operation of CCTV or video surveillance systems, in such a way that if the purpose is to prevent theft, intrusion or other criminal acts, that legislation is applied and if the purpose is another, it does not apply, it violates the Sixth Additional Provision of the Private Security Law and generates total legal insecurity.

In accordance with the aforementioned sixth additional provision, it is made clear that CCTV installations or video surveillance systems, excluded from private legislation, can legally provide security camera review or functions.