Can CCTV cameras be installed at home or in the lobby of a building?

More and more individuals are thinking of remotely monitoring their homes and the surroundings of their homes to fight against the risks of theft and insecurity. Can they install the cameras freely and anywhere? What about cameras in offices? 

Can an individual install a CCTV system in his house?

The question to be asked is that the objective pursued. Is it only to monitor the house in case of absence (flights, etc.)? To monitor and record the babysitter? Or to preserve evidence against the fickle spouse? In the first case (fight against theft), this installation is possible without having to respect specific formalities under the following conditions: the camera must not record the images, it must film only its house or the private roads leading to it (to with the exception of lanes serving other homes), and the decision to install a camera requires the consent of the residents of that house. If the images are registered, the law of 6 January 1978 relating to computers, files and freedoms require to declare to the Cnil the purpose of the processing, record-keeping for a maximum of one month, etc. In addition, anyone filmed (visitors, babysitter, etc.) must be forewarned. Serious Security Melbourne is a leading security installation company for customers in Sydney & Melbourne. All of our security works are performed by a trained security technician – that is, all our installers are fully licensed, insured and qualified with years of security installation experience.

What are the penalties for non-compliance with these rules?

The disloyalty of registration, as well as the intrusion into private life, are penalized by articles 226-1 and following of the Penal Code. Moreover, the evidence would be considered unlawful by the civil courts: for example, images showing the faults of a fickle spouse could not be used in the context of divorce proceedings.

Can an individual install a CCTV camera on a path that serves other homes?

If the road is the property of a person but serves several houses, the individual will have to obtain the agreement of all the owners of the houses concerned and will have to inform the visitors (video CCTV sign). On the other hand, he can not install his camera if this way of access is public: it is then a prerogative reserved to the public power and, by exception, to companies or associations, for specific cases (prevention acts of terrorism or attacks on the security of persons) requiring the information of the mayor of the municipality concerned.

If a neighbor's video is pointing to your house, let them know and move the camera angle. This question is an entirely private issue for which the Council is not competent. The only recourse is justice.

Do co-owners have the right to install a camera in their building (hall, common areas, etc.)?

Again, if the images are not recorded, the installation is possible, but the transmission of these images to the police will have to wait for the passage of the law Loppsi 2 before the Constitutional Council. If the text remains in the state, the trustee of co-ownership will be able to vote by qualified majority such a monitoring measure (with ad hoc convention associating the representative of the State, even the mayor, information by way of posting, etc. .), but only if it is to protect the co-ownership in case of suspicion of "imminent commission of a serious injury to property or persons" and if these places are "particularly exposed to these risks".

Under what conditions can companies place cameras in an office or staff parking?

If the cameras are placed in the workspaces or car parks, the installation of Serious Security CCTV cameras assumes compliance with Cnil formalities as soon as they record the images (respect of the principle of purpose, information of the people filmed, recording for a maximum of one month, etc.). In all cases, the consultation of the staff representatives is required and the images should only be viewed by the authorized persons (safety officer, filmed person, etc.). Attention, the cameras must be directed towards the places to be watched, and not towards the employees (no general or individual control of activity), the toilets or the local trade union. However, the employer is not obliged to inform his employees about cameras placed in places where they do not belong.