Bad surprise for Timothée, tenant in a building in Reims. When he left his home one morning, he advised a surveillance camera Placed in the corridor and which gives in full on the door of his apartment! Information taken from a neighbor, he understands that the camera was installed by the condominium trustee. Nothing to do with the “kiss camWho has just been worth a suspension of his duties to the boss of the American company Astronomer, surprised with his mistress during a concert in Coldplay, but Timothée is not delighted to know his comings and goings, and those of his loved ones, thus spied on. “Is this installation legal?” How protect my privacy ? “he asks in the program Le Grand Rendez-vous de l’Emal du Real estate (Capital/Radio Immo).
“There is no prohibition in principle of such an installation”replies Manuel Raison, lawyer in Paris. While nuancing immediately: “She must have been authorized by the General Assembly co -owners. “ A majority approval or unanimously depending on the type of installation. If the camera only films the common areas of the building, a majority vote Co -owners present or represented is sufficient, according to article 24 of the law of July 10, 1965 fixing the status of the condominium of built buildings. If it also films private parts, such as the front door of Timothy, or balconies and terraces, a voting unanimously Co -owners is necessary, according to article 26 of the same law.
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Strict viewing rules
In addition, the use of the images captured by the camera must respect the rules issued by the National Commission for Data Protection (CNIL). “Their viewing is reserved for the trustee, the union council, the building manager, the goalkeeper”Grabs Manuel Raise. And these “Cannot View images that in the event of an incident»»adds the lawyer. Finally, the images cannot be kept morea month oldand the inhabitants of the building must be informed of the presence of the camera, by means of a pictogram representing it, and the processing of the images captured.
“Timothée must therefore check with the owner of his apartment that the camera has been installed with the authorization of the General Assembly”advises Manuel Reason. If this is not the case, he must demonstrate the existence of an attack on his private life, the camera being directed to his door, in order to try to obtain “a judicial condemnation (from trustee) to the removal of the camera ”concludes the lawyer.
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