missile

For the very last time.
I have done my own research, which you clearly have not or you would be aware that Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal was enacted in 1999 to bring SPANISH law into line with the EU data protection directive of 1995. Both UK and Spanish laws paraphrase the EU directive.
As I have reported ECJ have already ruled on this issue.

Fred James

I have done my research and I think this official publication explains exactly what you can and cannot do (in Spain).

http://www.agpd.es/portalwebAGPD/can...ilancia_en.pdf

It seems to confirm the judgement that was finally made in the Czech case that was referred to in the Guardian link given by Moses2013.

I know of a very similar case recently where a householder denounced his neighbour under this rule and won the case.

I think we need to agree to differ on this as I accept it is a very grey area and although the same laws apply in both Spain and the UK, it seems that the Spanish interpretation of them may differ.

billgates

I haven't read all 56 pages of that document but do you know if this legislation applies to car dashcams?

Fred James

This article suggests that dashcams are legal to use.

GoPros / Dash Cameras – Are They Legal? | N332 - Driving In Spain

billgates

Thanks Fred.

Fredbargate

The article states:-
To those files kept by physical persons in the exercise of exclusively personal or domestic activities”

What applies if I post one of the files on a public forum??

Horlics

Media Markt sell dashcams. Not sure they have to be legal in order to be sold though.

missile

If you read further you will find that ruling in the Czech case was overturned by European Court of Justice. The judges said:
“The operation of a camera system, as a result of which a video recording of people is stored on a continuous recording device such as a hard disk drive, installed by an individual on his family home for the purposes of protecting the property, health and life of the homeowners, but which also monitors a public space, does not amount to the processing of data in the course of a purely personal or household activity, for the purposes of that provision.”
I hope we can agree that all EU member countries are bound by the same EU Directive and the European Court of Justice has the power to overrule any "miss interpretation" by a member state? The document you have linked is merely a guide and has no legal standing. However, I would point you to one paragraph >
Partial and limited images of public thoroughfares may be taken when this isessential for the surveillance purpose in view or it is impossible to avoid doing sobecause of the location of the cameras.E.g. If a camera must necessarily be sited in a bank entrance door or on the corner of a building,it should be angled so that the part of the public thoroughfare it captures is limited to theentrance under surveillance, without recording more of the public thoroughfare than is absolutelynecessary. Images may not be taken from the rest of the sidewalk or the street.
I hope you will agree, this confirms my point that video surveillance is not illegal in any EU member state - including Spain.

billgates

Fred's document seems to suggest that you can't just stick up a couple of cameras at home and record onto a laptop.
Instead you have to use a registered security company and display signs indicating that video surveillance is in operation.


Wonder if this ruling is enforced?

Fred James

Probably not, until someone denounces the perceived offender.

Fred James

If you do that then the data is no longer for private use as you have effectively published it without the permission of the people shown in the video.

That could make selfies published on the internet without the permission of the people involved a bit tricky, but does anyone really care?

Fredbargate

That's the conclusion I came to Fred.

ElaineGon

On the point of dashboard cams. I knew a couple who were touring in a campervan and had a cam facing forward. It was on permanently as they wanted a record of their trip. The van was broken into. When they told the police, when making the denunicia, that they knew the precise time because the camera ‘image had moved’, the Police told them it was illegal to use a cam in that way. I have no idea other than that,

Bigmomma1

Since our arrival a few weeks ago I have taken to reading the Local Regional Spanish Newspapers (In English). There are several stories every week about burglaries, and arrests of some if the culprits, not just from 'Expat' residences I hasten to add. Computer equipment and TV's from a local primary school in a town !! I do not believe that crime here is any less, or any higher, than anywhere else in the World. However, you need to take sensible precautions relevant to your location and type of residence. Having a background in Law Enforcement and Physical, Personnel and Information Security I will tell you something that will not, or should not, come as a surprise, but anyone determined to break in to your car or home will do so, given the opportunity and time !! All we can do is make it more difficult by introducing cost-effective deterrents � ����

Horlics

my Deterrent is to Not fill My home with Very Expensive Stuff, thereby making a break-in Somewhat Pointless. Very cost effective too, as I still Have All The Cash I would have spent on said stuff.

My only security measure apart from the Locked Door is a wifi camera so I get a pic of the people raiding my house.