Lorraine Williamson
Spain’s Supreme Court has delivered a resounding verdict on the use of home surveillance: digital door viewers that capture neighbours on camera without their consent are illegal. The ruling reinforces strict privacy laws and sets a clear legal precedent for anyone using cameras in shared residential spaces.
The case — which unfolded in Madrid’s Aluche neighbourhood — involved an apartment where the front doors of neighbouring flats were separated by just over a metre. A resident had installed a digital peephole with a built-in motion sensor camera. The device, which sent footage straight to their mobile phone, activated every time someone walked past.
But the court ruled that this crossed a line.
Neighbours watched every time they left home
Residents complained they felt constantly monitored — the camera didn’t just capture images of the hallway, but also parts of their own front door. The footage was recorded automatically, regardless of who triggered the motion sensor. Judges described this as a “disproportionate” intrusion into the private lives of others, especially given there was no clear security threat.
The owners of the camera admitted the device was primarily for monitoring parcel deliveries and general convenience. But that wasn’t enough to justify filming shared spaces.
Courts unanimously reject home surveillance that violates privacy
The decision wasn’t the first in the case. Lower courts in Madrid had already sided with the neighbours, ordering the camera’s removal. Now, the country’s highest court has confirmed those judgments. Consequently, the residents must take the device down and pay €300 in damages to each neighbour affected.
In its ruling, the court stressed that while homeowners have every right to secure their property, that right ends where another person’s privacy begins. It also pointed out that there are many less invasive ways to increase home security, including alarm systems, door sensors, and concierge services.
What the law says about cameras in Spain
The ruling has triggered wider interest in what Spanish law actually permits when it comes to cameras at your front door.
According to Spain’s data protection authority (AEPD), surveillance is allowed under strict conditions. Cameras must only capture the individual’s private property — not public pavements, building hallways, communal entrances, or neighbours’ doors. Filming shared areas or passersby, even unintentionally, can be classed as a breach of fundamental rights.
Furthermore, the law requires that any surveillance camera be clearly visible and accompanied by a warning sign — zona videovigilada. In many cases, residents must also obtain authorisation from the comunidad de propietarios (homeowners’ association) before installing any camera system that might affect shared space.
The AEPD has previously issued fines against individuals who overstepped these boundaries, including for secretly filming delivery workers, neighbours, or children playing in communal areas.
Growing use of home surveillance faces tougher scrutiny
This case arrives as more households in Spain adopt smart technology — from video doorbells to wireless CCTV. But legal experts now warn that convenience can never come at the expense of privacy. The Supreme Court’s ruling leaves no ambiguity: surveillance tools that encroach on others’ rights are not only discouraged — they’re illegal.
Smart security, legal limits
As smart home devices continue to gain popularity, the challenge for Spanish residents is clear — balance personal security with respect for shared spaces and the rights of others. This ruling sets a firm national standard: protect your home, but not at your neighbour’s expense.
Sources: El País, Cadena Ser