Matheus Puppe comments on Canaltech consumer rights in case of data protection

Report published on Canaltech addressed a case of violation of privacy of guests who were in a property rented through an app. Dr. Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, was heard to comment on the topic.

Guests discover spy cameras in Airbnb rentals

By Claudio Yuge | November 4, 2022

Reports about discoveries of the use of spy cameras and monitoring systems in rented homes or hotel rooms are nothing new, but they have been multiplying in recent years. Whether due to the increase in offers on tourism websites, which often do not carry out an inspection of locations, or advertisers who do not detail the presence of these devices; or the new tiny disguised spycams, this is a practice much feared by anyone who just wants to spend a few days off away from home.

Two recent reports show how this has been happening, and, coincidentally, they occurred in properties rented by the platform Airbnb — it is worth highlighting that, although these incidents are linked to Airbnb, other similar cases in the recent past also involve websites in the same niche and even traditional hotels or advertisements on social networks and off pages popular.

This week, a post on TikTok from a Brazilian account went viral with the discovery of a spy camera hidden in the clock radio of an apartment rented through an ad on Airbnb. The short video shows the renter entering the accommodation and recording up close the hole of a camera built into a clock radio.

In fact, the video itself shows that it is possible to easily find a device equipped with a spycam on large marketplaces, such as Mercado Livre.

In another case published by the English newspaper The Sun Online last weekend, British couple Mike and Michaela Kennedy reported the discovery of a hidden camera in an accommodation rented through Airbnb in the village of Zaralejo, 40 kilometers from Madrid, in northern Spain.

They said they were surprised by the fact that the place was dirty and in poor condition, very different from the photos published on Airbnb. When observing the property more closely, they claimed to have found a small camera disguised as a motion sensor, mounted near the top of the living room wall — and, worse, they only noticed it after having intimate relationships in the room.

What Airbnb says about hidden cameras and monitoring

In the Kennedys' case, they complained to Airbnb, which, according to The Sun Online, initially said that property owners can have cameras “for security reasons”. The company then allegedly offered a 50% refund. The Kennedys claimed a full refund, and the platform offered to return any additional expenses the couple accrued.

An Airbnb spokesperson told The Sun Online: "We have suspended this host while we investigate and are providing the guest with our full support. We enforce strict rules on recording devices and take action in rare cases brought to our attention."

Canaltech contacted Airbnb's press office to find out its position on these reports and the company's policy on monitoring video systems of rented properties.

“In relation to the case mentioned in Brazil, Airbnb disabled the aforementioned accommodation for reservations and the host's profile while it evaluates the case”, said the note sent toCanaltech, regarding what was posted on TikTok.

“Security is a priority for Airbnb, which is constantly working to provide the most up-to-date security tools to its users. To help hosts and guests rest easy, security measures such as surveillance cameras and noise monitoring devices are permitted as long as they are clearly disclosed in the listing description and do not infringe on another person's privacy. Recording devices are never permitted in bathrooms or bedrooms. Device rules apply to all cameras, recording devices, etc. smart devices and monitoring devices”, continues the response.

“Airbnb condemns any posture or attitude that compromises human dignity, violates the privacy of its users or that contradicts current laws. The platform has rules and Terms of Service and any violations are subject to appropriate measures, such as account suspension and/or ban on the platform”, he adds.

Airbnb states that, if a guest finds a camera in a private room, it has a Help Center with support 24 hours a day, seven days a week, in 42 languages, including Portuguese.

To answer further questions, the platform also explained what is allowed:

• Disclosed devices monitoring only public and common spaces: devices that allow you to view or monitor only one public space (for example, a front door or a garage); or a common space clearly identified and disclosed prior to a reservation are permitted. Common spaces do not include sleeping areas or bathrooms.

And what is not allowed:

• Undisclosed hidden devices monitoring common spaces: Any device monitoring a common space must be conspicuously installed and disclosed in the listing description;
• Devices located in or monitoring private spaces: Devices should never monitor private spaces such as bedrooms, bathrooms, or common areas that are being used as sleeping areas (for example, a living room with a sofa bed). Disconnected devices are permitted as long as they are disabled and proactively disclosed to guests.

What to do if you find hidden cameras?

Canaltech contacted lawyers to find out what a consumer should do when they discover spy cameras and monitoring systems not detailed in rental advertisements or hotels.

“If consumers identify illegal monitoring devices in properties rented through online platforms, they should try to record them using videos and photos, and bring the facts to the attention of companies, so that they can adopt the appropriate legal measures against the actual owners of the properties”, recommends Luis Gustavo Paiva Leão, partner in the consumer law area at Viseu Advogados.

“Companies, in turn, must notify the owners and even request the opening of police investigations, with the aim of investigating the facts and protecting themselves from possible losses”, he adds.

Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, said that the General Data Protection Law (LGPD) itself protects the consumer. "From a data protection perspective, we can certainly consider improperly collected images as processed personal data that would in practice fall under the aegis of the LGPD. Companies, or even individuals who have violated this intimate and personal right, can respond (without prejudice to civil and criminal sanctions) to the LGPD sanctions, in addition to generating a duty to compensate the holder of the images, that is, the data, for the violation of their rights."

“I highlight that it is possible, however, to use cameras in the common areas of high-traffic hotels for security purposes (with the appropriate legal basis for this), but never inside the rooms, or in the case of Airbnb, in the internal areas of the property”, concludes Puppe.

https://canaltech.com.br/seguranca/hospedes-descobrem-cameras-espias-em-imoveis-alugados-no-airbnb-228736/