The image of a person is considered a personal data and therefore, its treatment is subject to the regulations on data protection.
The AEPD in its guide on video surveillance establishes the requirements that an entity must meet in order to place cameras in order to monitor a public establishment for access control security.
REQUIREMENTS FOR A LEGAL RECORDING
- Register the file in the AEPD registry prior to its capture.
- Place a clearly visible sign indicating that you are going to record, who is responsible and where you can go to exercise the ARCO rights.
- Have available to the interested parties the remaining information required by the LOPD.
- Sign a data access contract if an external maintenance service is contracted.
- Do not record images of the public road, or of adjacent land or housing.
- Install privacy masks if the cameras are adjustable or have zoom.
- Access to the images must be exclusively the responsibility of the file and not of third parties.
- The recording system must be in a place of restricted access to unauthorized third parties.
CONSERVATION AND ASSIGNMENT OF THE IMAGES
It establishes Instruction 1/2006 of the AEPD that the images will be cancelled within a maximum period of one month from their capture, unless they serve as evidence for the reporting of crimes or infractions, which will be conserved for the time necessary to be delivered to the Security Forces of the State or Judges and Courts, which may be requested only by means of a request to the person in charge of the file and only within the framework of judicial or police actions.