In order to ensure compliance with current legislation on the protection of personal data and to safeguard guests’ fundamental rights, please be advised that the installation of CCTV cameras inside holiday accommodation is strictly prohibited. The ban on cameras inside holiday accommodation is a legal obligation arising from the GDPR and the LOPDGDD, which all owners must be aware of to avoid serious penalties.
1. Legal basis for the ban
The installation of cameras inside the property constitutes permanent and unjustified surveillance of identified or identifiable individuals, which breaches 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 a holiday let clearly exceeds this limitation.
- Article 6(1) (Lawfulness of processing): there is no valid legal basis to justify video surveillance in private areas where guests are enjoying their personal, private and domestic lives.
- Article 7 (consent): guests’ consent cannot be considered freely given or valid, as it is given in a context of imbalance between the landlord and the tenant.
- Article 9 (special categories of data): video recording could capture particularly sensitive data (health, beliefs, sexual orientation, etc.) in spaces where people have the highest expectation of privacy.
b) Organic Law 3/2018 (LOPDGDD)
- Article 22 (Processing for the purposes of video surveillance): this requires that video surveillance be limited to areas strictly necessary for the intended purpose. The interior of homes is not considered a legitimate area for this type of processing.
- The AEPD has reiterated through penalty decisions (for example, PS/00477/2022 and PS/00003/2023) that it is not permissible to install cameras inside rental properties, even when they are switched off.
c) Fundamental rights
- Articles 18.1 and 18.4 of the Spanish Constitution: protection of personal and family privacy and data protection.
- The expectation of privacy within a home is absolute.
2. Scope of the prohibition
The installation of cameras, even if they are ‘switched off’, is prohibited in:
- Living rooms
- Bedrooms
- Kitchens
- Bathrooms
- Any other interior room in the property
The mere physical presence of recording devices already constitutes a breach of guests’ rights, as stated by the Spanish Data Protection Agency.
3. Consequences of non-compliance
Failure to comply with these regulations may result in:
- Administrative fines of up to 20 million euros or 4 per cent of annual turnover (Article 83 of the GDPR).
- Specific penalties under the LOPDGDD of up to €300,000 for serious infringements.
- Reputational damage, civil claims and the withdrawal of tourism licences.
4. Information and enquiries
If you have any doubts regarding the application of these regulations or the installation of any security system in your holiday accommodation, we recommend that you consult a professional specialising in data protection or the Spanish Data Protection Agency (AEPD) beforehand. It is essential to ensure that any measures taken fully comply with current legislation and respect the fundamental rights of guests.
For any further clarification, please contact our team, who will advise you on the legal options available regarding security and regulatory compliance.