Cameras in Hallways, Elevators or Bedrooms: What Neighbors and Landlords Are Allowed to Film in Czechia

A camera by the front door, in the elevator, or in the courtyard of an apartment building is a common sight in many Czech residential buildings. But lawyers warn that not every such device is installed legally: homeowners' associations (SVJ) and landlords frequently breach personal data protection rules without even realizing it.

If a camera or smart doorbell is aimed strictly at the space in front of one's own door and doesn't record continuously — only triggering when someone rings the bell or moves nearby — lawyers consider this use relatively defensible. The situation changes when the lens covers a shared hallway, an elevator, neighbors' doors, or tracks residents' movements around the building. "In that case, we may be talking about interference in other people's private lives, and if recording is systematic, about the processing of personal data under GDPR. The exemption for personal or household use generally doesn't apply here," explained Štěpán Smoleja, a lawyer at the Spring Walk law firm.

Basement — Fine. Elevator — Questionable

A homeowners' association is entitled to install cameras in common areas, but must justify the necessity and proportionality of doing so — for instance, by pointing to past thefts, vandalism, or break-ins. Vague references to "improving security" aren't enough. It's easier to justify a camera at the entrance, in the basement, or in a garage. Placement in an elevator or on a floor where the movements of specific residents are recorded is far more sensitive.

"In apartment buildings, there's often a mistaken belief that once a majority has voted for a camera, the matter is settled. But a majority vote among owners isn't sufficient on its own. The association must be able to explain why the camera needs to be exactly there, why it covers that particular area, and why less intrusive measures wouldn't be enough," noted Michal Harbatý, head of the UlovDomov real estate group.

Footage Can't Be Shared With Neighbors

A separate issue is proper notification about video surveillance. A single sign reading "This area is under video surveillance" is usually not enough — it must include information about the data controller, the purpose of the monitoring, and basic information about the rights of those being filmed. It needs to be placed so that people see the warning before entering the monitored zone — and this applies not just to residents, but to guests, couriers, and service workers as well.

There are also rules governing how long footage may be kept. According to guidance from the Office for Personal Data Protection, the standard retention period should not exceed 72 hours. An exception applies if the camera captured a theft, vandalism, or property damage — in that case, the footage may be kept longer. "Only specific individuals should have access to the recordings. Footage can be shared, for example, with police, a court, or an insurance company if there's a legal basis for it. But showing it to neighbors, circulating it among members of the homeowners' association, or posting it online is not allowed," Smoleja clarified.

The Risk of Coerced Consent

Storing footage in the cloud isn't prohibited, but the camera operator remains responsible for the processing of personal data and must sign a contract with the service provider. Facial recognition features are especially sensitive: biometric processing in residential buildings isn't banned outright, but it's subject to much stricter rules, and an ordinary landlord or homeowners' association will typically struggle to justify it legally.

Installing a camera inside a rented apartment can become a serious problem. As a rule, a landlord shouldn't conduct video surveillance inside a dwelling that's been handed over to a tenant — this constitutes a significant intrusion into private life. Even the tenant's consent doesn't solve the problem: under GDPR rules, such consent must be freely given, informed, and revocable at any time without negative consequences. If the tenant is in a weaker bargaining position and agreeing to the camera was a condition of signing the lease, this can be regarded as coerced consent.

"A camera inside a rented apartment is extremely risky and practically unjustifiable in a standard rental relationship," said Harbatý of UlovDomov, the company behind the "Ideal Tenant" service.

If a tenant discovers a hidden camera — say, in the bedroom, bathroom, or another strictly private space — lawyer Smoleja advises going to the police, especially if there's reason to suspect the device was actually recording. The mere presence of a hidden camera doesn't automatically constitute a crime: the circumstances matter most — how it was installed, the nature of the recordings, and how they were used. However, if a landlord entered the apartment without permission to install or check a camera, that could amount to a criminal offense — violation of the inviolability of the home.

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Source: denik.cz