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Security Camera and KVKK Compliance in Apartments

almost every apartment and site, camera systems are used to ensure security. However, this step, taken to protect the safety of apartment owners, can expose managers to serious legal risks when it oversteps legal boundaries and reaches the level of “violating privacy of private life.” So, how to install a camera system in accordance with the KVKK (Law on the Protection of Personal Data)?

What is the Sufficiency Number of Decisions for Camera Installation? (Majority or Unanimity?

)

Installing a security camera in an apartment is considered a “useful innovation and addition” within the scope of the Condominium Law.

Rule: In order for the camera system to be installed, it is enough for all floor owners to decide by a majority of the number and share of the plot (plurality of votes). Unanimity is not sought. However, this decision must necessarily be processed in the Decision Book.

Where Can Cameras Be Attached and Where Not?

The

most critical legal line is the angle of the cameras. Cameras should only see common areas intended to ensure overall safety.

Places to Install: Building entrance, garden, parking lot, elevator interior, main entrance door.

Prohibited Places: Angles that see the direct entrance door of an apartment, windows or the inside of its balcony are strictly prohibited. You do not have the right to monitor who your neighbor enters and leaves the house with, which directly constitutes the crime of “Violation of the Privacy of Private Life” (TCK m.134).

Illumination Text and Warning Sign Obligation

accordance with the KVKK, it is a legal obligation to inform everyone who enters an area recorded with a camera (residents, guests, couriers).

Application: The KVKK Lighting Board with the words “This building is monitored with 24/7 camera system” should be hung in the areas where the cameras are. Also a detailed “Camera Records Lighting Text” should be placed at the entrance or common area of the site

Who Can Watch Camera Recordings?

The

approach “write from the group, assign images” is a major violation of KVKK.

Rule: Camera recordings cannot be accessible to everyone, they cannot be shared in a WhatsApp group. An apartment dweller can't say I want to look at the records at this time today. Only persons authorized by the administration (manager or security director) can examine the records when a judicial situation occurs (theft, damage, etc.). Records are not given to third parties unless requested by the official authorities (Police, Prosecutor's Office).

Managing KVKK Processes with Biyos

Installing a

security camera can protect your building from burglars, but not following the rules does not protect you from legal penalties. As a manager, you must fully comply with the angles of the cameras and the rules of the KVKK in order to preserve both peace and law. You can use the Biyos Apartment and Site Management App to manage all legal notices, documents and archival processes of your building in a KVKK compliant manner.

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