When data protection law kicks in

There's a simple rule many people don't think about: as soon as a person can be identified from the footage, the Federal Act on Data Protection (nLPD) comes into play. Since its revision, which entered into force on 1 September 2023, stricter provisions apply to the use of private surveillance cameras — whether a wired IP camera, a Wi-Fi camera, a motorised dome camera, or a camera linked to a mobile app.

In other words, a camera aimed strictly at your own doorstep or garage is one thing; a camera that also captures the pavement, the road, or a neighbouring house's window is quite another from a legal standpoint.

What you can't film: the core rule

The basic principle of Swiss law here is very clear: understanding the rules before installation helps avoid neighbours' complaints, sanctions from the Federal Data Protection and Information Commissioner (FDPIC), and lasting disputes between neighbours. A camera should film your own property, not someone else's private land, and not public space without a specific basis for doing so.

Any private individual who wants to monitor public space for security purposes must contact the competent public authority (commune, police, or in some cases cantonal authorities) and agree with them on implementing the necessary surveillance measures themselves. Since regulating video surveillance systems in public space falls within cantonal competence, it's necessary to first establish whether such an agreement is even permissible in your case.

Even where such an agreement with the police exists — for instance, allowing a homeowner to monitor with a camera the stretch of street in front of their house — data protection law remains fully applicable, and the surveillance must comply with the general principles governing data processing.

What this means in practice

The consequences of getting this wrong aren't an abstract threat. If a neighbour believes a camera infringes on their privacy, an amicable discussion is generally recommended as the first step. If that dialogue fails, the neighbour can report the situation to the FDPIC, bring a civil action before the cantonal court for infringement of personality rights (Article 28 of the Civil Code), or even file a criminal complaint (Article 179quater of the Criminal Code) in the most serious cases.

The presence of a Criminal Code article on that list isn't a formality. It means a poorly installed camera can lead not just to a civil dispute, but to criminal proceedings.

A special case: cameras in condominium common areas

If you own an apartment in a PPE, a separate and very strict rule applies. Installing surveillance systems in common areas is a measure that only the community of co-owners as a whole may decide on, not an individual owner acting on their own initiative. The owner of a unit must also ensure compliance with data protection law and criminal law.

The practical takeaway: if you want to install a camera covering a shared entrance, stairwell or the car park of an apartment building, the decision must be made by the owners' assembly, not unilaterally — even with the best intentions for the whole building's security.

Cantonal specifics: regulation keeps evolving

It's worth knowing that video surveillance legislation isn't static. For example, in 2026 the canton of Vaud put out for public consultation a revision of its cantonal law on personal data protection, accompanied by a separate bill specifically on video surveillance, aimed at harmonising the cantonal framework with the new federal data protection law. This means video surveillance rules can carry their own nuances across the cantons of French-speaking Switzerland and continue to evolve over time — there's no single "one right answer" that covers every case.

Practical principles for a lawful installation

From the general logic of the law, a few practical principles can be drawn that reduce the risk of conflicts and complaints.

A camera should be angled so it mainly captures your own property — the entrance, garage, private courtyard — rather than the pavement, the road, or neighbours' windows. If some capture of public space can't be avoided because of how the property is laid out, it's worth checking in advance whether that's acceptable in your situation, and, where needed, restricting the field of view with software (masking areas within the frame). For a condominium's common areas, the decision is made collectively by the owners' assembly, not individually.

How SmartHaus Swiss approaches video surveillance design

We install video surveillance systems as part of electrical work, and from the very start of the project we take into account not just the technical side — camera placement, cable routing, integration with a smart home system — but also how the system will be used in practice. We discuss each camera's field of view with you to minimise the risk of capturing someone else's property or common areas, and, if the property is an apartment in a PPE, we flag early on that any decision for the building's shared areas needs to come from the owners' assembly.

Frequently asked questions

Can I just put up a camera by the front door without any formalities?

If the camera only films your own property, generally yes. But if the pavement, the street, or neighbours' windows fall within the frame, data protection law requirements apply.

What happens if a neighbour complains about my camera?

An amicable resolution is usually sought first. If that doesn't work, the neighbour can approach the FDPIC, bring a civil action for infringement of personality rights, or, in serious cases, file a criminal complaint.

Can a single resident in a PPE install a camera in the stairwell?

No. The decision to install video surveillance in common areas rests with the owners' assembly, not an individual owner.

Do video surveillance rules differ by canton?

Yes, regulating video surveillance in public space falls within cantonal competence and can carry its own nuances and updates over time.

Do you take these rules into account when installing cameras?

Yes, we discuss each camera's field of view at the design stage, so the system is not only technically sound but also correctly configured from a privacy standpoint.

The information in this article is of a general, informational nature and doesn't replace legal advice. Data protection and video surveillance rules can vary by canton and change over time; in complex or disputed cases, consulting a lawyer or contacting the FDPIC is recommended.