Block of flats: electronic peepholes permitted, but systematic filming prohibited
Images must be collected for specific purposes and retained for short periods. They must not become a means of continuous surveillance of neighbours or the caretaker
The electronic door viewer allows you to see who is at the door, receive notifications on your phone and, in the more advanced models, record images and sound. It is precisely this recording function, however, that marks the line between a simple household aid and the processing of personal data that may be subject to the GDPR.
Article 2(2)(c) of the EU Regulation excludes from its scope any processing carried out by a natural person for activities ‘of a purely personal or domestic nature’. However, this exception cannot be extended to include the systematic monitoring of the landing, the stairs or the neighbour’s door. The Data Protection Authority has adopted a particularly strict stance: the field of view of a private CCTV camera must be limited to areas of exclusive use and therefore the peephole cannot be used as a means of monitoring a neighbour’s timetable, visitors and habits.
Treatment with restrictions
Where the GDPR applies, individuals must comply with Article 5: images must be processed in accordance with the principles of ‘lawfulness, fairness and transparency’, collected for specific purposes and ‘limited to what is necessary’. A legal basis for installation is required under Article 6, whilst Article 25 also mandates technical measures consistent with data protection by design: a narrow field of view, the exclusion of audio unless strictly necessary, short retention periods, secure access and no continuous recording where activation upon passage or pressing the doorbell is sufficient.
The risk may extend beyond the administrative sphere. Article 615-bis of the Criminal Code punishes anyone who, by means of recording devices, ‘unlawfully obtains information or images relating to private life’ taking place in their own home.
When the goalkeeper is on the pitch
Particular caution is required, moreover, when a caretaker is employed in the building. A peephole that constantly records their movements, breaks and the manner in which they carry out their duties may effectively amount to surveillance of their work. Article 4 of the Workers’ Statute permits the use of systems that also allow for remote monitoring only for specific requirements and in compliance with the safeguards provided for by law. Furthermore, individual residents do not have the power to supervise the block’s employee independently.
