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Private Residence CCTV - privacy

Private Residence CCTV - privacy

Old May 28th 2022, 11:03 am
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Default Private Residence CCTV - privacy

Thinking about installing CCTV on our property.

There was an article in the UK recently where a householder was successfully sued by a neighbour where a CCTV camera had been installed and recorded images of the neighbours own private property. Apparently in the UK it is permitted to record public areas such as the pavement outside of your house - say from a door bell cam - but not someone else property.

This is understandable and reasonable. And I guess falls within the ambit of GDPR, etc.

Therefore I am guessing the same sort of rules, perhaps being more severs given the PT is within the EU, apply here in Portugal.

My intent is not to record a neighbours property but would like to know the facts. However, we might rent out another property on a long term basis and was considering installing CCTV for the outside areas. My guess is that given this would invade the privacy of any potential tenant.

Does anyone know the facts? Googling has so far not revealed anything specific to PT.

Cheers

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Old May 28th 2022, 12:05 pm
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Default Re: Private Residence CCTV - privacy

If google isnt working try different search engines, google is not only one.
Not very latest, but gives idea of law mindset.

https://www.expatica.com/pt/uncatego...ay-25th-54404/

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Old May 28th 2022, 12:25 pm
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Default Re: Private Residence CCTV - privacy

Thank you EU.flag, just managed to find a couple of Portugues articles and have translated the various Laws 'Lei n.º 34/2013, de 16 de maio' & 'Lei n.º 58/2019, de 8 de agosto'.

Appears to mean you CCTV can be used to protect a property - but infers it is for access areas only, and also your own property. So it may not be possible to have CCTV even to protect access to a rental property.

Found an article re Condominiums which infers that again on for areas of access and must not, e.g. include tenants or owners terraces.

All sounds reasonable .. may not install for rental in the end.
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Old May 28th 2022, 4:25 pm
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Default Re: Private Residence CCTV - privacy

I would suggest that you speak to the GNR or a solicitor before installing any CCTV yourself - the laws on personal privacy in Portugal are far stricter than in the UK.
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Old May 28th 2022, 10:07 pm
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Default Re: Private Residence CCTV - privacy

I don't see how installing cctv on a private property which you rent out could be considered as infringing rights of any tenant provided it is signaled well in advance both in the advert ' property is protected by CCTV ' and by pointing out the installation to anyone viewing, and by referencing the fact of the CCTV in the written contract for rent.

I can't imagine a tenant NOT wanting the modicum of protection which cctv might be considered to confer. But if they don't want it, they can always rent somewhere else.
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Old May 28th 2022, 10:10 pm
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Default Re: Private Residence CCTV - privacy

I've been told that you may only record on your own property, it mustn't even view the public road outside.
And within your property you still have to have a sign that states cctv in operation.

Which reminds me, I really should get one of those signs.
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Old May 29th 2022, 8:22 am
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Default Re: Private Residence CCTV - privacy

I've installed CCTV for security reasons in places like bars and retail outlets and one thing you need to establish is what system setup you are talking about. There are stand alone systems where the cameras are plugged into a recorder (usually in a locked cupboard) on site so the only access to the recording is by someone on site and the cameras record only the property, parts where there is public access ie front garden path to front door have a sign like "CCTV recording in operation call 012345678". If you have this then whoever rents the property has full control over it. Other systems have stuff using internet with cameras having i/p addresses and sending text messages to smart phones if movement is detected and the system is controlled and monitored remotely so privacy issues abound.
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Old May 29th 2022, 9:09 am
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Default Re: Private Residence CCTV - privacy

Originally Posted by riv View Post
I don't see how installing cctv on a private property which you rent out could be considered as infringing rights of any tenant provided it is signaled well in advance both in the advert ' property is protected by CCTV ' and by pointing out the installation to anyone viewing, and by referencing the fact of the CCTV in the written contract for rent.

I can't imagine a tenant NOT wanting the modicum of protection which cctv might be considered to confer. But if they don't want it, they can always rent somewhere else.
Nothing you write in a contract (or an advert) can override the law

I can imagine many tenants not wanting to be under constant video surveillance by their landlord
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Old May 29th 2022, 9:33 pm
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Default Re: Private Residence CCTV - privacy

I have an ip camera, which I setup to record onto a server in another building on my property through my LAN.
I'm not very good with this sort of thing and the company that sells the cameras want to sell you a web based subscription service so they don't make it easy to do.
Free third party software makes it work.

So far I've gotten a lot of birds, a toad, a hare, and the guy from next door walking his dog through my fields (which he has explicit permission to do).
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