In recent years, cases of tenants of the Airbnb platform filmed without their knowledge have multiplied on social networks. However, the legal response to these excesses remains rather vague. Our AirBNB concierge in La Rochelle will tell you everything you need to know about the regulations.
The testimonies continue to multiply. More and more tenants complain of having been observed and filmed without their knowledge. This is, alas, one of the abuses of the online private accommodation rental system, embodied by its major player Airbnb. Platforms cannot verify every square centimeter of the accommodations made available, and, despite the guarantees put in place, some unscrupulous hosts sometimes exceed the limits. This is how many stories telling how some users discovered hidden cameras in their rental have been relayed on the web. Obviously, if these stories have only fueled paranoia, let's not forget that they do not identify a generality, but many exceptional situations.
For example, in a testimony collected by Liberation, a young woman offered her husband a night in a small town in the Allier. Six months later, she was surprised to receive a summons from the gendarmerie, informing her that the individual who rented the accommodation had hidden several cameras in it. She then filed a complaint like many other tenants, which she discovered later. “The gendarmes identified us on several videos. I cried when I saw myself naked coming out of the shower, ”she testified in Liberation. The voyeur owner will be found guilty of “invasion of privacy” in May 2021, sentenced to twelve months in prison suspended and prohibited from exercising any professional activity related to the hotel industry for five years. “There are several hundred stories like this, deplores Eva Roger, director of our airbnb concierge La Rochelle. They certainly remain in the minority, but we must not let anything slip by”.
Cameras in vacation rentals: legal or not?
Before complaining about the presence of a camera in accommodation rented for the holidays, be aware that a host can install one under certain conditions. The host must inform of the presence of surveillance cameras and these cannot be in the bedrooms or bathrooms. AirBNB makes it clear on its site that only “disclosed devices monitoring only public and common areas” are allowed. This therefore includes “devices that only allow viewing or monitoring of a public space (e.g., entryway or driveway) or common area, and which are clearly identified and disclosed prior to a reservation, are permitted. Common areas do not include sleeping areas or bathrooms. » If the presence of cameras is not announced until after the reservation, several platforms allow the cancellation of the reservation with refund. Privacy breach penalties may also be imposed.
On the other hand, the American company does not authorize “hidden and undisclosed devices monitoring common areas”. AirBNB explains that "any surveillance device in a common area must be installed in a visible manner and disclosed in the description of the accommodation". Most importantly, the vacation rental platform prohibits monitoring devices located in private rooms: “Devices should never monitor private rooms (such as bedrooms, bathrooms, or common areas that are used as private spaces). sleeping area, such as a living room with a sofa bed). Disconnected devices are permitted provided they are turned off and disclosed to travelers in advance.” So, if you notice a hidden camera in your listing that has not been mentioned, you should contact AirBNB immediately to report the incident.
Hidden cameras in an AirBNB rental: what penalties?
Unfortunately, justice is not always up to par, especially in France. Despite numerous cases, very few end up in prison. However, article 226-2-1 of the Criminal Code lays down the principle of a possible sentence of up to 2 years' imprisonment and a fine of 60 euros, in the event that a host is sentenced for having illegally received pictures of naked people. The legal arsenal seems insufficient. For example, in April 000, a 2017-year-old man was sentenced to a three-month suspended prison sentence for having filmed several naked women, without their knowledge, in his rental accommodation on Airbnb. In 36, it was a man in his sixties who was caught renting his apartment to Colombians and Russians under cover of the Erasmus program. Then in 2018, a 2020-year-old man was convicted of hiding a camera in his bathroom, which saw 59 travelers pass over a two-year period. In France, it is difficult to find figures on this digital crime. The latest data dates back to 159, with 2017 such offenses recorded in that year alone.
How to detect hidden cameras in your vacation rental?
If, despite your checks and the answers given by the owner, one day you have suspicions about a guest, an object enthroned in your room, a little check allows you to be reassured for good and enjoy stay. There are a few ways to find out, more or less, if there are hidden cameras in your vacation spot. The places mainly concerned are the bedroom and the bathroom, places of intimacy. Places with a view of the bed, for example, such as furniture, can conceal cameras. For the bathroom, check the light switches, under the sink, and above the shower. If nothing looks suspicious after a quick inspection, that's a good sign.
Beyond simple visual clues, there are other ways to detect possible cameras. First, the flashlight technique. Make sure you're in a dark room, then use a flashlight to illuminate any areas you suspect. Thus, the lens of a camera, highly reflective, should shine more than simple glass under the light of a flashlight. Another technique, simply the Wi-Fi network. Indeed, most surveillance cameras are connected to Wi-Fi and can be visible by searching for Wi-Fi devices. Do not hesitate to take a look in your settings to see if a suspicious device with an evocative name is not wouldn't find there. If you find a camera connected to the same Wi-Fi network that you provided by the host, be vigilant.
These simple methods should make it quick and easy to check if there's a camera around, if in doubt. Nevertheless, do not forget that this type of misadventure remains exceptional, and that it is advisable not to sink into paranoia. "If you ever really find a hidden camera, contact the platform's customer service immediately in order to obtain a refund and have a chance that the accommodation will be quickly removed from the rental, warns Eva Roger, director of the YourHostHelper agency in La Rochelle. You would also be entitled to notify the police, and write a statement for “invasion of privacy”.
