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In the realm of modern technology, doorbell cameras have become a common addition to many homes. These devices, similar to surveillance cameras, allow for interaction with visitors via smartphone, regardless of location. However, it's crucial to understand the legal and practical aspects of using doorbell cameras, particularly in Germany, where privacy and data protection laws are stringent.
Recent testing by Stiftung Warentest and its Belgian partner organization "Test-Achats" included 26 doorbell cameras, focusing on those offering video and audio capabilities. The testing revealed that all tested doorbell cameras require both electricity and an internet connection, with some models having WLAN connection and a battery for power supply.
When it comes to the law, doorbell cameras are subject to the same regulations as surveillance cameras. In Germany, it's generally illegal to record individuals in private settings without their consent, according to Section 201a of the German Criminal Code. This prohibition includes any form of visual or audio surveillance inside your home or private property where there is a reasonable expectation of privacy[1].
For doorbell cameras specifically:
- Only outdoor cameras are permitted, and they must be positioned so that they do not record more than your own property (e.g., avoiding capturing public sidewalks or neighbors' areas). A German court has ruled against a homeowner whose doorbell camera captured footage beyond their private property[1].
- These outdoor cameras may require registration and must be disclosed clearly to any visitors or guests (especially in settings like short-term rentals)[1].
- Recording audio is generally prohibited unless explicit consent is given.
- The use of doorbell cameras must comply with the EU General Data Protection Regulation (GDPR), which imposes strict rules on data collection, processing, rights of data subjects (such as the right to be informed, rights to access, and erasure), and data security[1].
To lawfully use a doorbell camera in Germany, you must:
- Ensure it is installed only on your private property pointing inward, not covering public or neighbors' spaces.
- Avoid indoor or audio recording without permission.
- Comply with GDPR regarding data handling.
- Register the device if required under local rules.
- Provide clear disclosure to individuals who might be recorded.
Failure to comply can lead to criminal and civil penalties under German law.
In summary, doorbell cameras are allowed outdoors only, must not invade others’ privacy, require disclosure, and must adhere to GDPR and the German Criminal Code provisions on unauthorized recordings[1]. The first-placed doorbell camera, the Unifi G4 Doorbell Pro PoE Kit from Ubiquiti, is a prime example, being connected to the internet via an Ethernet cable and receiving power via this network cable. The Ubiquiti Unifi G4 Doorbell Pro, priced at 270 euros, is another popular choice, using WLAN for the internet and cabling via the doorbell wire for power supply.
Before making a purchase, it's essential to check and clarify the points of internet and power supply to ensure a seamless installation experience. It's also crucial to remember that the Conference of Data Protection Authorities recommends not using a doorbell camera in living areas if it can also be activated by movement, manually or via smartphone, to maintain privacy and comply with data protection regulations.
[1] Source: Conference of Data Protection Authorities (2021). Guidelines for the use of video doorbells and video intercoms. Retrieved from https://www.lda.bund.de/DE/Service/Themen/Datenschutz/Datenschutzgrundverordnung/Video-Doorbells-and-Video-Intercoms-Guidelines_node.html
- Homeowners in Germany who wish to utilize smart-home devices like doorbell cameras should be aware that only outdoor cameras are permitted and must abide by the German Criminal Code, GDPR, and local rules regarding data handling, registration, and disclosure of the devices to avoid criminal and civil penalties.
- When selecting a doorbell camera, individuals should take into account the power and internet connection requirements, as recent testing by Stiftung Warentest and Test-Achats reveals that all tested models need both electricity and an internet connection, with some providing WLAN and battery backup.
