In order to guarantee compliance with the current regulations on personal data protection and to protect the fundamental rights of guests, you are hereby informed that the installation of video surveillance cameras inside tourist dwellings is strictly prohibited. The prohibition of cameras inside tourist accommodations is a legal obligation derived from the GDPR and the LOPDGDD that every property owner must be aware of in order to avoid serious sanctions.
1. Legal basis of the prohibition
The installation of cameras inside the property constitutes permanent and unjustified surveillance of identified or identifiable persons, which violates various legal provisions:
a) Regulation (EU) 2016/679 (GDPR)
- Article 5.1.c (Data minimisation): processing must be “adequate, relevant and limited to what is necessary.” The continuous recording of the interior of an accommodation clearly exceeds this limitation.
- Article 6.1 (Lawfulness of processing): there is no valid legal basis that legitimises video surveillance in private areas where guests enjoy their personal, intimate and domestic life.
- Article 7 (Consent): guests’ consent cannot be considered freely given or valid, as it occurs in a context of imbalance between owner and tenant.
- Article 9 (Special categories of data): video recording could capture particularly sensitive data (health, beliefs, sexual orientation…) in spaces where individuals have the highest expectation of privacy.
b) Organic Law 3/2018 (LOPDGDD)
- Article 22 (Processing for video surveillance purposes): requires that video surveillance be limited to spaces strictly necessary for the intended purpose. The interior of dwellings is not considered a legitimate space for this type of processing.
- The Spanish Data Protection Agency (AEPD) has reiterated through sanctioning resolutions (for example, PS/00477/2022 and PS/00003/2023) that it is not permissible to install cameras inside dwellings intended for rental, even when they are switched off.
c) Fundamental rights
- Article 18.1 and 18.4 of the Spanish Constitution: protection of personal and family privacy and data protection.
- The expectation of privacy inside a dwelling is absolute.
2. Scope of the prohibition
The installation of cameras is prohibited, even if they are “disconnected,” in:
- Living rooms
- Bedrooms
- Kitchens
- Bathrooms
- Any other interior area of the property
The mere physical presence of recording devices already constitutes a violation of guests’ rights, as declared by the Spanish Data Protection Agency.
3. Consequences of non-compliance
Failure to comply with these regulations may entail:
- Administrative fines of up to 20 million euros or 4% of the annual turnover (Art. 83 GDPR).
- Specific sanctions under the LOPDGDD of up to €300,000 for serious infringements.
- Reputational damage, civil claims and withdrawal of tourist licences.
4. Information and enquiries
In case of doubt regarding the application of these regulations or the installation of any security system in your tourist dwelling, we recommend consulting in advance with a professional specialised in data protection or with the Spanish Data Protection Agency (AEPD). It is essential to ensure that any measure adopted fully complies with current legislation and respects the fundamental rights of guests.
For any additional clarification, you may contact our team, who will advise you on the legal options available in terms of security and regulatory compliance.