May surveillance cameras be placed in the common areas of an apartment building?

As a resident or apartment owner, you may be wondering if surveillance cameras can be placed in the common areas of your building. With the increasing importance of safety and security, this is a pertinent question for many Co-Owners' Associations (VMEs). This legal analysis provides a thorough overview of applicable laws and practical guidelines for properly installing and managing surveillance cameras in apartment buildings.

Legal framework

The Camera Act

The placement and use of surveillance cameras in Belgium is primarily regulated by the Camera Act of March 21, 2007, which was thoroughly revised in 2018 to meet the General Data Protection Regulation (GDPR). This law defines a surveillance camera as "any fixed or mobile surveillance system that collects, processes or stores images for the purpose of:

• Prevent, establish or detect crimes against persons or property
• Prevent, determine or detect nuisances
• Maintain order"

Common parts as "private place not open to the public"

The common parts of an apartment building (such as entrance hall, stairwell, elevator, garage boxes) are considered a "private place not open to the public" under the Camera Law. This legal status has important implications for the rules to be followed when installing surveillance cameras.

Decision-making and installation procedure

Decision by Co-Owners' Association (VME).

The decision to install surveillance cameras in the common areas of an apartment building can only be made by the Co-Owners' Association (VME) at a General Meeting, and not by individual owners.

This decision can be made with:

• A simple majority (50% + 1) in standard cases
• A two-thirds majority if the installation of the cameras - including the necessary cabling - can be considered a work on a common part within the meaning of Article 3.88 §1, 1°, b of the Civil Code

Reporting to the police

Once the decision is made to install surveillance cameras, this must be reported to the police no later than the day before the cameras are put into operation. This report can be made easily and free of charge online through the platform www.aangiftecamera.be. The declaration must be validated annually and updated if there are changes in the camera system.

Obligations after installation

Register of image processing activities

An essential obligation is to keep a register of the image processing activities of the surveillance cameras. The VME is considered the data controller and must establish and maintain this register (possibly assisted by the syndic as processor). In the event of an audit, this register must be made available to the Data Protection Authority (DPA).

The register may be included in the internal register of processing activities that must be kept in any case pursuant to Article 30 GDPR, or in a separate register. The register must be maintained and updated for as long as the video surveillance lasts.

The internal camera surveillance register should contain the following detailed information:

• A floor plan showing the location of all cameras
• A technical description of the cameras
• The purpose of camera surveillance (e.g., building security, theft prevention)
• The legal basis for processing camera images under the GDPR
• The categories of data subjects (e.g., visitors, employees, suppliers)
• The categories of personal data (e.g., image recordings only or also sound recordings)
• The recipients of personal data
• The place where the images are kept
• Whether the images are viewed in real time
• The retention period of the images
• How information is given to the data subjects
• The security measures taken
• Confirmation of whether (and why) (no) privacy impact assessment (PIA) was conducted

Duty to inform: the camera icon

A clearly visible pictogram must be placed at the entrance to the common areas indicating that camera surveillance is taking place. This pictogram informs visitors and residents that they are being filmed. It is required by law to include certain information on this pictogram, including:

• The contact details of the controller (the VME and/or syndic)
• The e-mail address or telephone number where data subjects can obtain information
• The entry "Camera surveillance - Act of March 21, 2007"

Practical guidelines and limitations

Correct positioning of cameras

Camera positioning is a crucial consideration. Cameras should be positioned so that:

• Only the common parts are filmed
• The privacy of residents and visitors is respected to the maximum extent possible
• No permanent observation of individuals is possible

If a camera is focused on the entrance door of the building (which may also allow a portion of the sidewalk or roadway to be in view), filming of the public area must be kept to an absolute minimum. It is expressly forbidden to use cameras to monitor cars parked on public roads.

Image retention period

Images may be retained for up to one month unless they are needed as evidence in the context of:

• Establishing nuisance
• Establishing facts constituting a crime
• Determining damages
• Identifying perpetrators, public order disruptors, witnesses or victims

All images that cannot provide evidence of the above situations must be deleted after one month.

Prohibited practices

Under no circumstances may surveillance cameras:

• Take images that would violate a person's intimacy
• Be used to collect information about philosophical, religious, political or trade union affiliations
• Collect information on ethnic or social origin, sexual life or health status

Legal risks and penalties

Failure to comply with the provisions of the Camera Act can result in significant penalties:

• For general offenses: fines from 100 to 10,000 euros (to be multiplied by factor 8)
• For more serious offenses (such as unauthorized sharing of images with third parties, inadequate security of images, or filming sensitive data): fines of 250 to 20,000 euros (to be multiplied by factor 8)

It is important to mention that even images taken with a non-regulatory camera (for example, without a pictogram) can still be used as evidence in certain cases. This is possible if the conditions of application of the so-called Antigone doctrine, which is applied by the Court of Cassation in both criminal and civil cases, are met.

Right of access for filmed persons

Any person being filmed has the right to inspect the footage in which he or she appears. This right can only be exercised if the images were actually recorded. To exercise this right, a reasoned request to the controller (VME/syndic) with sufficiently detailed information to locate the images in question is sufficient.

How can our law firm assist you?

Our specialized team can support you in various ways to implement and manage camera surveillance in your apartment building:

Legal support

• Advice and guidance on preparing the General Meeting of co-owners
• Drafting and monitoring the legally correct decision-making process
• Drafting a detailed camera surveillance policy for your VME
• Advice on the rights and duties of the VME and individual residents

Practical support

• Guidance on reporting surveillance cameras to the police
• Assistance in preparing the register of imaging activities
• Advice on proper positioning of cameras to minimize legal risks
• Checking that the camera icon contains all legally required information
• Advice on image retention periods and procedures for accessing images

Conflict mediation and resolution

• Mediation of disputes between co-owners over camera surveillance
• Representation in complaints filed with the Data Protection Authority
• Legal assistance in case of litigation or proceedings

Conclusion

Installing surveillance cameras in the common areas of an apartment building can be an effective way to increase resident safety and prevent damage to common property. By following proper procedures and complying with all legal obligations, your VME can take full advantage of this security technology without conflicting with privacy laws or the rights of individual residents.