A Landlord's Security vs. a Tenant's Privacy
In an age of affordable smart-home technology, landlords may be tempted to install surveillance cameras (bewakingscamera's) around their properties for security purposes. However, a landlord's desire for security does not automatically override a tenant's fundamental right to privacy. The use of cameras is one of the most sensitive issues in rental law and is strictly regulated by the Dutch Data Protection Authority (Autoriteit Persoonsgegevens or AP) under the GDPR (AVG). The AP balances the 'legitimate interest' of the landlord (e.g., preventing theft or vandalism) against the privacy rights of tenants and the public. In almost all cases, the privacy of the tenant weighs more heavily.
The Absolute No-Go Zone: Inside Your Home
Let's be unequivocally clear: a landlord is never permitted to install a surveillance camera inside a rented private dwelling. This includes the living room, bedroom, kitchen, bathroom, and even a private hallway within the apartment. Doing so is a severe violation of the tenant's privacy and right to quiet enjoyment (woongenot), and it constitutes a criminal offense (huisvredebreuk). This applies even if the camera is not actively recording. The mere presence of a camera installed by a landlord in a tenant's private space is illegal. If a tenant discovers a camera installed by their landlord inside their home, they should contact the police and the Autoriteit Persoonsgegevens immediately.
The Grey Area: Common Spaces and Exteriors
The rules become more nuanced when it comes to shared or common areas of an apartment building, such as a central entrance hall, a shared corridor, or a communal bicycle storage room (fietsenstalling). A landlord or a Homeowners' Association (VvE) may be permitted to place a camera here, but only if they meet strict conditions:
- Legitimate Interest: There must be a demonstrable need, such as a recent history of break-ins or significant vandalism.
- Necessity (Subsidiarity): The camera must be a last resort. The landlord must have considered less intrusive measures first (e.g., better lighting, stronger locks).
- Proportionality: The camera's placement must minimize the impact on privacy. It cannot be aimed directly at the front door of a tenant's apartment. Filming a person every time they enter or leave their private home is considered a disproportionate infringement of their privacy.
- Transparency: The presence of cameras must be clearly indicated with signs. Tenants must be informed about the surveillance.
Cameras on the exterior of a building are also heavily restricted. A camera is not allowed to film any part of the public road or the property of neighbors. A camera pointed at the landlord's own front door is permissible, but its field of view cannot extend to the street or the pavement. A landlord who fails to comply with these strict regulations risks substantial fines from the Dutch Data Protection Authority.
