Compensation for the illegal installation of security cameras in a communal area of a block of flats.

According to the decision No. 12/2023 issued by the Magistrate's Court, the
Court of First Instance of Thesprotia, it was held that the installation of security cameras in
common area of a block of flats establishes a right to compensation to the
co-owners who have not consented to their placement due to an infringement
of his personality by the co-owner who placed her.

The legal framework for the installation of security cameras is defined by the
General Data Protection Regulation (GDPR) No. 679/2016 and the General Data Protection Regulation (GDPR) No.
general national legislation on the protection of personal data,
in conjunction with Directive 1122/2000 of the Protection Authority of the European Communities
Personal Data Protection for the processing of personal data
via closed-circuit television and Directive No 1/2011 1 of the
Authority for the use of video surveillance systems for the purposes of
protection of persons and property.

The above decision accepted that: " .... the placement of the cameras
security without the consent of the co-owners of the building
prevents the co-owners of the building from entering and
leave their homes and move freely in the streets of the
public areas of the city, since they operate under a regime of fear
video recording of their movements and personal moments, while the
their image can at any time be put under any form of
processing. The violation they feel they have received and the fear of being
stay in their home are of such a size that practically the
defendant has displaced them from their own property.

This situation
that has been created has influenced their behaviour, has put them under
unjustified restriction of their freedom as a manifestation of their personality
and essentially hinders the free development of their social life.
activity and their privacy, as well as their protection from
the collection, processing and use of their personal data;
data...".
It follows from the above that the installation of security cameras in
common areas of a block of flats can be carried out exclusively
after the consent of all residents.

1 In any event, the above Directive may be used appropriately by controllers. In particular,
anyone intending to install a video surveillance system for the above legal purposes,
should refer to Directive 1/2011 and be fully informed:
A) for the conditions that must be met for the cameras to be installed (at which points it is allowed to
and on which not, what range they can have, technical characteristics, maximum data retention time,
etc.),
B) for its other obligations (placement of prominent signs, satisfaction of rights, security of processing,
etc.)