Video surveillance
Can I install cameras in my flat?
Yes, provided that certain rules are followed.
Many individuals are increasingly turning to surveillance systems to protect themselves, for example, against burglaries.
While the use of such systems is not problematic in itself, resorting to them in the presence of domestic staff (butler, nanny, housekeeper...) or regular service providers (home nurse, delivery person, plumber...) requires certain specific precautions.
Indeed, when used indiscriminately, surveillance cameras can lead to abusive monitoring of the data subjects, thereby infringing on their privacy.
Thus, if the APDP authorizes the use of cameras for security purposes, it prohibits their use when these:
- are used to monitor the work or working hours of an employee;
- lead to a permanent and inappropriate control of the data subjects.
The Article 85 of Law No. 1,565 of December 3, 2024 further stipulates that surveillance systems installed in private homes must be promptly brought to the attention of the APDP whenever people from outside the family or friendship circle enter the home (e.g., domestic staff, home helpers).
The APDP also request that all concerned persons be informed in advance of the presence of cameras, for example through a mention in the employees’ employment contract, or through a notice on the door for occasional service providers.
Finally, the installation of cameras must be carried out in such a way that they only film private areas, paying particular attention to ensuring that neighbors (through windows, large glass doors…) are not exposed to video surveillance.
To learn more:
- Factsheet Video surveillance of private homes
One of the cameras installed in my apartment building films the entrance of my flat. Can I object to it?
Yes.
Many apartment buildings are equipped with surveillance systems to ensure the safety and tranquility of their residents. However, when used indiscriminately, these systems can lead to inappropriate monitoring of the lifestyle or behavior of the data subjects (inhabitants, visitors), thereby infringing on their privacy.
The APDP therefore considers that cameras installed in residential buildings can film the entrances to the building and certain common areas (lobby) to ensure the safety of property and persons and to enable evidence to be gathered.
On the other hand, it prohibits cameras installed in hallways leading to flats and those filming the entrances of the said flats in order to prevent any permanent and inappropriate surveillance of the residents or their visitors.
To learn more:
A camera has been installed in the swimming pool of my residential building. Can I object to it?
Yes.
Many residential buildings are equipped with surveillance systems to ensure the safety and tranquility of their residents. However, when used indiscriminately, these systems can lead to inappropriate monitoring of the lifestyle or behavior of the data subjects (inhabitants, visitors), thereby infringing on their privacy.
The APDP considers that a swimming pool is first and foremost a private space made available to residents so that they can have a good time and relax. These residents therefore expect not to be filmed during these moments that pertain to their private sphere.
Consequently, it prohibits any cameras filming residential swimming pools.
To learn more:
- Factsheet Video surveillance in apartment buildings
- Factsheet Location of CCTV cameras: what is allowed and what is prohibited