Cameras in the CoE: what interest comes first?

Anno 2022, many people secure their properties with cameras. This also happens with some regularity within Owners associations (VvE). It may be that the board of the VvE puts up cameras to secure the common property of the members. It may also be that an individual member of the VvE will install a camera to secure his private property. But, is this allowed? Lawyer Myrthe de Vries specializes in VvE law and tells what is allowed and what is not.

Cameras in the CoE: is it allowed or not?

In short, in such situations, it comes down to balancing the VvE's interest in protecting its and its residents' property with the residents' privacy interests.

Security camera of CoE member films common parts

Sometimes it happens that this security camera then films not only private property, but also other members of the VvE walking across the gallery, for example. The question is whether this is allowed. The Amsterdam court recently made a ruling on the matter. An apartment owner put up three cameras. Two of those cameras film a small portion of the gallery. The third camera only films the owner's balcony.

The General Data Protection Regulation (AVG) and the VvE

First, the court ruled that the cameras record and store images of objects or people outside the apartment owner's home. This, according to the court, constitutes processing of personal data. Processing of personal data is regulated by the AVG.

Under the AVG, the installation of the cameras is then only allowed with the consent of the person or property being filmed, or when there is a legitimate interest for this invasion of privacy. When fundamental rights or rights of another person outweigh the interests of the owner of the cameras, the installation of a security camera is not allowed.

Justified interest of the VvE or owner of the camera

In the case that the Amsterdam court dealt with, the apartment owner did not have permission from the meeting of the association. Thus, the issue in this case comes down to whether the owner has a legitimate interest in the cameras recording images outside his home. The court then considers several factual circumstances. For example, it appears that there are no to few burglaries in the neighborhood, and there are already security cameras owned by the VvE hanging at the entrance doors and in the parking garage.

Apartment owner must remove cameras

Therefore, the court ruled that the owner did not have a legitimate interest in hanging the two cameras, which are partly focused on the communal property of the members of the CoE and can also record people walking by. The fact that these cameras only cover a small part of the facade and gallery does not alter this. Indeed, the owner's property is already sufficiently protected, the court said.

Filming from own balcony is allowed: camera may remain attached

As for the third camera filming only the owner's balcony, the court ruled that there was no invasion of privacy for the other CoE members. Indeed, without the owner's permission, no people can enter his balcony. Therefore, the privacy of third parties and property of others are not at stake with this camera.

Association member may sometimes install cameras

The judge ruled that the apartment owner must remove the two cameras filming the gallery. The other camera may remain in place. In doing so, the court confirmed that the balancing of interests applies not only when the VvE hangs cameras, but also when an individual owner hangs cameras.

Questions about video surveillance in the VvE?

Do you have questions about video surveillance within your CoE? Please feel free to contact up with HOA lawyer Myrthe de Vries.