Apartment Security Cameras (MOBESE) and KVKK: The Legal Framework

Cameras Process Personal Data

Security cameras record images of people; images are personal data. For this reason, installing a camera in an apartment is a personal data processing activity and is subject to KVKK rules. The purpose of security is legitimate, but this purpose does not grant an unlimited right to record.

Where Should the Camera Point?

Cameras should only view the areas necessary for the security of common areas. Common points such as the entrance, parking lot, and elevator are reasonable. However, a camera continuously pointing directly at a unit's door, window, or private area violates the private life of individuals and is contrary to law. The camera angle must be limited to the purpose.

Disclosure Obligation

In places where cameras are installed, there must be signs (disclosure) informing that footage is being recorded. Residents and visitors must be aware that they are being watched. Hidden cameras violate both KVKK and the confidentiality of private life.

How Long Are Recordings Kept?

Camera footage cannot be kept indefinitely. It must be stored for a reasonable period required by the security purpose and then deleted. Access to the footage must also be limited; not everyone, but only authorized persons (the manager and, if necessary, law enforcement) should have access. Sharing footage with third parties carries serious risk.

A Board Decision Is Required

Installing a camera in a common area requires a decision of the board of unit owners because it constitutes a change in the common area. The installation, retention period, and access rules must be determined by this decision. We also covered the protection of resident data in our dues list and KVKK article; both topics rest on the same data protection logic.

Common Mistakes

• Camera pointing at a unit: A camera aimed at a private area violates private life.
• Not posting a disclosure sign: Recording without informing is contrary to law.
• Keeping recordings indefinitely: There is an obligation to delete after a reasonable period.

Related Topics

We covered general data protection principles in our KVKK article and its relationship with the security service in our complex security article.

This content is for informational purposes. Consult a legal counsel for camera and KVKK application.