1. Applicable Data Protection Regulations
When it comes to installing video surveillance systems in tourist accommodation, the key legal reference is Article 5.1.c) of the General Data Protection Regulation (GDPR). This regulation safeguards individuals’ privacy by enforcing core data protection principles:
- Purpose limitation: Personal data must be collected for specific, explicit, and legitimate purposes.
- Data must not be processed further in ways that are incompatible with those initial purposes.
- Data collection must be adequate, relevant, and limited to what is necessary for the stated purpose.
2. Is It Legal to Install Surveillance Cameras in Holiday Rentals?
Yes, property owners can legally install CCTV cameras in tourist apartments, but they must comply with the following data protection requirements and restrictions:
- The sole purpose of video cameras must be to protect the integrity of the property and its contents.
- Cameras cannot capture public areas such as streets or neighboring properties.
- Surveillance systems may only be installed in common areas, explicitly excluding bathrooms, bedrooms, or any space where guests expect privacy, such as a living room that also serves as a sleeping area.
- Hidden cameras are strictly prohibited.
- Tenants must be clearly informed about the presence of CCTV — this includes mentioning it in the rental listing and the rental contract.
- A visible sign must be placed to indicate the area is under video surveillance.
- The sign must contain all legally required data protection information, including details of the data controller, the purpose of the processing, data retention period, and instructions on how to exercise data rights.
- Only the data controller, law enforcement, and judicial authorities may access the footage during an investigation.
- All recordings must be securely stored and deleted within one month of being captured.
- The data controller must maintain a record of all processing activities, as required by the GDPR.
In summary, installing CCTV in holiday rentals is legal only if tenants are properly informed, the cameras are not installed in private areas, and GDPR obligations are strictly followed.
3. Platform-Specific Rules: What About Airbnb?
Some platforms, such as Airbnb, impose additional restrictions on the use of video surveillance in rentals:
- Airbnb only permits security cameras in outdoor areas.
- Cameras must be explicitly disclosed in the accommodation listing.
- The platform prohibits any camera or recording device inside the property — even if switched off or disconnected.
- Hidden cameras are strictly forbidden under Airbnb’s policies.
If you advertise on platforms like Airbnb, make sure to comply with their specific rules in addition to general legal requirements.
4. What Can Tenants Do If They Find Illegal Cameras in a Rental?
If a tenant discovers a security camera installed in a prohibited location, they are entitled to report the incident to the police or to the Spanish Data Protection Agency (AEPD).
To file a complaint:
- Take photos of the camera, clearly showing its location and direction.
- Describe where it is installed and what area it monitors.
Installing surveillance cameras in places where they are not legally allowed can result in significant fines, depending on the severity of the violation and the number of affected individuals.
