Elevators are common areas used by residents of apartments and buildings. Installing cameras in these areas for security purposes has become quite common. However, this practice also has legal implications and rules that must be observed.
So, is it really illegal to install cameras in elevators? The answer is no, but it is legal under certain conditions.
Is It Legal to Install a Camera in an Elevator?
Because elevators are shared spaces, installing cameras for security purposes is generally legal. However, this should be done through collective decision-making and in accordance with specific legal procedures , not individual decisions.
Is Apartment Decision Necessary?
Yes. According to the Condominium Law, the installation of cameras in common areas of an apartment building (elevator, entrance, parking lot, etc.) requires the written approval of four-fifths of the apartment owners.
This means that no one can install a camera in an apartment building's elevator on their own initiative. This decision must be made by the building management and documented in the minutes.
Personal Data and KVKK Must Be Compliant
Recordings made with cameras are considered personal data . Therefore;
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The presence of the camera system must be announced to the building occupants.
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Logs should be used for security purposes only and should not be shared for other purposes.
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A disclosure text should be prepared and, if necessary, published on the apartment board.
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Recording time and data access should be limited.
Hidden Cameras and Audio Recording Are Prohibited
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The camera should be visible and not hidden.
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It is generally prohibited for a camera to record audio. Only images should be recorded.
Technical Points to Consider
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The camera should be positioned so that it can see directly into the cabin, taking into account privacy limits .
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In elevators with inadequate lighting, night vision models should be preferred.
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Only authorized persons should have access to the camera system, and encrypted systems should be used.
In summary:
| Subject | Situation |
|---|---|
| Approval of the flat owners | Required (four-fifths majority) |
| Compliance with KVKK | Necessary |
| Information text | Recommended |
| Candid camera | Forbidden |
| Voice recording | Forbidden |
| Video recording for security purposes | It is legal and appropriate |
Final Word:
Installing cameras in elevators is an effective measure that, when done correctly, both legally and increases safety. However, it should be done through collective decision-making and in accordance with legal regulations, not arbitrarily. Otherwise, criminal penalties may be imposed.
Remember:
“Security does not conflict with freedom, but with neglect.”
