Q COSTARICA — Recently, the BBC published an investigation revealing hundreds of videos of couples recorded with hidden cameras in hotel rooms in China, which were then sold as pornography on social media.
The publication raised concerns about the possibility of something similar happening worldwide.
To understand the situation in Costa Rica, Teletica.com consulted two legal experts to explain how regulated this issue is in the country and what guests should demand.
In Costa Rica, although there is no specific legislation regarding cameras in hotel rooms, Article 24 of the Constitution protects the right to privacy and the secrecy of communications.
According to Juan Esteban Durando, a lawyer specializing in Digital Law, “the rights to privacy and the protection of personal data also derive from this fundamental right. The jurisprudence of the Constitutional Court has established guidelines on the proper use of surveillance systems in private settings.”
For his part, Bernan Salazar, a criminal lawyer specializing in data protection, adds that “the capture of images or videos is also protected by the Ley de Protección de Datos Personales (Personal Data Protection Law), which requires informed consent from the data subject for the processing of those images.”
Both agree that the collection of images through video surveillance is also protected by the Civil Code, which prohibits publishing, reproducing, displaying, or selling a person’s image without their consent.
Where can cameras be placed?
Hotels can install cameras, but under strict criteria.
Salazar explains: “Cameras must be limited to public areas such as the reception, hallways, parking lots, pools, and recreational areas. Recording in rooms, bathrooms, or private areas is strictly prohibited, even if the guest signs a consent form.”
Furthermore, electronic cameras require the guest’s consent, which can be implicit through visible signs indicating that recording is taking place, or explicit by signing a document upon check-in.
“If a guest were deceived and signed a consent form without reading it, the hotel still cannot install cameras in the room,” Salazar clarifies.
What rights does the hotel have over these images?
In Costa Rica, regulations govern not only the placement of cameras but also the handling of the images.
“Companies must justify the purpose of installing the cameras, and it must be an objective necessity, such as protecting property, ensuring the safety of staff, or safeguarding guests. The recordings cannot be used for other purposes,” Salazar explains.
The images must be registered with the Agencia de Protección de Datos de los Habitantes (Prodhab)—Data Protection Agency, have systems in place to protect against unauthorized access, and have a limited retention period, typically between 30 and 90 days.
“These images cannot be publicly disseminated and can only be requested by judicial authorities with a legal order,” Salazar asserts.
What should I do if I suspect I was improperly recorded in a hotel?
Durango explains the legal steps a guest can take:
- Go to the Office of the Ombudsman for Hotels and Hotels to report the unauthorized processing of personal data.
- File a civil suit if any financial or moral damages were caused, requesting compensation for damages.
- File a writ of amparo (constitutional protection) to demand the removal of the cameras and compensation for damages.
“It is important that video surveillance systems are clearly marked with signs indicating who is responsible for data processing and how to exercise the right to access information,” Durango adds.
Teletica.com reports it also contacted the Costa Rican Hotel Association about this issue and whether they were aware of any complaints; but, no response had been received.