Nuances of installing video surveillance
In modern living conditions, video surveillance systems are not uncommon, as video cameras can be seen everywhere. The law stipulates that installing video surveillance in one's home or apartment is legal and typically serves for the protection and security of the premises.
However, citizens wishing to install a video surveillance system in the stairwells of apartment buildings or on the territory of private residential properties must consider the following aspects.
According to Part 1 of Article 18 of the Law of the Republic of Belarus "On Information, Informatization, and Protection of Information," information about the private life of an individual and personal data shall include, among other things, information constituting personal and family secrets, secrets of telephone conversations, postal and other messages, and information concerning the health status of that individual.
Thus, if a camera is installed facing a neighbor's door, it may be considered an invasion of privacy, as the unlawful purpose of such video surveillance is evident.
In order to install a video surveillance system in an apartment building with cameras directed at all entering/exiting individuals, a decision on the installation of the video surveillance system must be made at a general meeting of apartment owners, with more than half of the joint property owners voting in favor.
After that, a specialized organization will carry out the installation of the video surveillance system to ensure the safety of residents, but taking into account the non-interference with the private lives of other citizens.
Owners of residential buildings and land plots have the right to independently install (mount) personal security devices, including video surveillance cameras. At the same time, the placement and installation of video surveillance cameras by owners of residential buildings and land plots must not violate citizens' constitutional rights to protection from unlawful interference in their personal lives.
However, if a "problematic" video surveillance camera has already been installed, and a citizen believes that their civil rights and legitimate interests are being violated during video recording, they have the right to appeal.
decision of the homeowners' association on the installation of video surveillance cameras to the local executive and administrative body or to use the forms of protection provided for by Art. 11 of the Civil Code of the Republic of Belarus by filing an appropriate lawsuit with the court.
Prosecutor of the Department for Supervision of
Legislation
and Legality of Legal Acts
of the Regional Prosecutor's Office
Tatyana Ivanova