Tenant Rights: Video Surveillance in Germany

As a tenant in Germany, you may occasionally encounter video surveillance in stairwells, at the front door, or by neighbors. Data protection, personal rights and the rental relationship overlap here; therefore careful documentation is important if you want to protect your rights. In this text I explain clearly which recordings are permissible, how to document incidents in a data-protection-compliant way, which laws and courts are relevant, and which forms you can use to request information or file a complaint. The guidance is practical and aimed at tenants without legal background so that you can safely carry out steps such as evidence preservation, deadlines and possible recourse to the local court.

When is video surveillance permitted?

In general: permanent, personal video surveillance in common areas is only permitted within narrow limits. Intrusions into personal rights and privacy must be examined under the GDPR and the Federal Data Protection Act; at the same time, tenancy obligations and rights regulate landlord and tenant behavior in the tenancy relationship. For tenancy obligations see Civil Code (BGB), §§ 535–580a^[1]; for data protection issues the Federal Commissioner for Data Protection is the competent contact point^[2].

How to document incidents?

Structured documentation helps to enforce your rights and present evidence in court. Always consider the protection of third parties (e.g. obscuring other people's faces) and keep original files unchanged.

• Record the date and time of the incident precisely (day, time, duration).
• Secure photos or screenshots of recordings and keep file metadata (copy original files).
• Describe what is visible in images/videos: who, what, where, how long.
• Note witnesses with names and contact details; save short written statements.
• Keep all communications with the landlord or property management in writing (emails, letters).

What to do in case of unlawful surveillance?

If you suspect unlawful filming, first request information from the controller (e.g. landlord) and ask for deletion of unlawful recordings. A formal request for information under Art. 15 GDPR can help clarify the legal situation; sample forms for contacting the controller are available from the Federal Commissioner for Data Protection and Information Freedom^[2]. If not resolved, you can file a complaint with the state or federal data protection authority and, if necessary, resolve the matter civilly before the local court (tenancy disputes, eviction suits, etc.). The local court is the usual first instance for many tenancy disputes; decisions by the Federal Court of Justice are often precedent-setting^[3].

FAQ

May the landlord film in the stairwell?

Not automatically. Permanent surveillance is only permitted to a limited extent; a balance of interests and data protection requirements must be examined. Contact the data protection authority or the local court if you are unsure.

How do I secure evidence in a data-protection-compliant way?

Secure original files, note timestamps, document witnesses and communicate in writing with the controller. Ensure you do not infringe the rights of third parties.

Who can I contact?

Submit complaints and information requests to the Federal Commissioner for Data Protection or the competent state data protection authority; tenancy disputes are usually resolved by the local court.

How-To

1. Document immediately: record date, time and circumstances in writing.
2. Secure evidence: copy original files and store them in a safe place.
3. Request information: send a written request for information to the controller (Art. 15 GDPR).
4. File a complaint: if necessary, file a complaint with the state or federal data protection authority.
5. Consider legal steps: possibly initiate proceedings at the local court.

Key Takeaways

• Documentation is crucial to enforce tenant rights.
• Requests for information under the GDPR are a practical first step.
• The local court and data protection authorities are primary contacts.

Help and Support / Resources

• Civil Code (BGB) § 535 – Tenancy
• Federal Data Protection Act (BDSG)
• Federal Commissioner for Data Protection and Freedom of Information (BfDI)

1. [1] Gesetze im Internet – BGB §§ 535–580a
2. [2] Federal Commissioner for Data Protection and Freedom of Information
3. [3] Federal Court of Justice (BGH) – Decisions