The lawyer explained the rules for installing cameras in entrances and closing halls.
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- The lawyer explained the rules for installing cameras in entrances and closing halls.
The installation of video cameras in public areas of apartment buildings requires the decision of the owners, and access to recordings is regulated by the law on personal data. On February 6, Ilya Vasilchuk, a trial lawyer and an expert on the security of real estate transactions, told Izvestia when the consent of the tenants is required, who can view the video materials and whether it is possible to close the lobby.
"If cameras are installed in common areas (at the entrance door, in the lobby, on landings, etc.), the consent of the owners of the premises in an apartment building is required. 36 of the Housing Code of the Russian Federation, common areas are common household property, and their use (including for the installation of equipment) requires a decision by the general meeting of owners," the expert explained.
He clarified that a meeting is initiated for this purpose, residents are notified at least 10 days in advance, and at the meeting itself, the purposes of video surveillance, equipment installation sites, and rules for handling recordings are explained. The voting results are recorded in a protocol and transmitted to the management company, while the decision is considered adopted if at least two thirds of the owners voted for it.
At the same time, there is an exception. According to Vasilchuk, the apartment owner has the right to install a camera over his front door without the consent of neighbors, if the lens does not record the doors and windows of other residents and does not affect their privacy.
The specialist paid special attention to the storage of video recordings. Such materials relate to personal data and are subject to Federal Law No. 152-FZ. It does not specify a specific retention period, but it should be limited to the purpose of information processing, such as ensuring security or investigating incidents. In practice, records are most often kept for about 30 days, and in some regions, including Moscow, the period can be reduced to five days, after which the data must be deleted.
Access to the archive is possible only if there are objective grounds, for example, if a person has been the victim of theft or assault. Victims can view the recordings with the consent of the responsible persons, as well as representatives of law enforcement agencies, courts or lawyers upon written request. At the same time, as the lawyer emphasized, the viewing should take place without outsiders, and the files themselves should be stored in secure systems with limited access and technical security measures, including encryption.
The lawyer also explained that it is possible to close a hall or other common room by installing a door with a lock only with the unanimous consent of all owners. This requirement is due to the fact that we are talking about reducing the total property of the house. Even with consent, it is necessary to comply with fire safety standards and ensure access to the premises for all residents, for example through a key system or electronic entrance control.
Fyodor Vasiliev, an expert on building materials, founder and CEO of Glavsnab, said on January 27 that the smell of paint that occurs during repairs in an apartment can lead to an administrative fine for the owner. According to him, although the law does not consider the smell of paint as a separate violation, it takes it into account as a potential harm to health. The businessman clarified that a fine can be imposed if sanitary requirements are violated.
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