Our nextdoor neighbour has recently decided to install a smart doorbell next to his front door.
We live in a semi-detached house and his front door is right next to ours. It means every time we leave and enter our home he could be watching or listening to us.
He has also installed what essentially look like CCTV cameras in his back garden – I assume to ward off potential burglars.
Privacy breach? The neighbour has installed a CCTV camera in his back garden, and our reader thinks it has a view in to their own home
It is quite clear that both cameras are high enough to see into our garden and potentially even our kitchen, which looks out over the garden.
We feel these cameras are compromising our privacy.
Do we have a right to complain and can we legally force him to remove or move the cameras if push comes to shove?
Ed Magnus of This is Money replies: It’s often impossible to avoid being at least partially overlooked by neighbours in an urban setting, but CCTV cameras can make people feel like they’re being permanently watched.
The chances are your neighbour won’t be paying any attention to the recordings unless something goes wrong – but it’s easy to get paranoid when a camera is pointing your way.
CCTV cameras are often used as a deterrent against potential burglars, as you have assumed is the case here.
The reality is, your neighbour is within their rights to install CCTV cameras and smart doorbells on their property. They should try to avoid them overlooking yours, but this is not always possible.
It would be worth discussing the matter with your neighbour. Be polite rather than confrontational and point out that it’s making you feel uncomfortable.
You can then explore whether there are any alternative places they could position the cameras that would be less intrusive.
Surveillance: Nobody wants to feel like they’re being filmed or recorded within the confines of their own home and garden
The Information Commissioner’s Office (ICO) oversees and enforces data protection law. It states: ‘The use of recording equipment, such as CCTV or smart doorbells, to capture video or sound recordings outside the user’s property boundary is not a breach of data protection law.
‘People should try to point their CCTV cameras away from their neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible.
‘When people capture images and audio recordings outside of their property boundary, they should consider how intrusive this activity is.
‘They should consider whether they can point their cameras elsewhere or, if possible, apply filters or privacy blocks.
‘In these circumstances, data protection law also requires them to follow certain rules – although these are difficult to enforce.’
No hiding: The neighbour has installed a smart doorbell on his front door meaning every time our reader leaves and enters their home they might be watching or listening
The ICO does have advice for those who are unhappy about being recorded by a neighbour ‘s CCTV. It suggests the following steps.
First, contact your neighbour. If you are concerned about talking to them in person, try writing them a letter.
Second, ask why they are using CCTV. People usually install domestic CCTV cameras and smart doorbells to monitor and protect personal property.
They can make the user and their family feel safe. If you understand why they are recording, it may put your mind at ease.
You might even come to an agreement where you share the system. You can then both benefit from the camera’s safety features.
Third, explain your concerns. The CCTV user may not understand why you are worried about being recorded. If you explain your reasons, they may change the position of the cameras.
Finally, ask to see what they are recording. The footage captured by the camera may not be as intrusive as you think. Seeing an example of what the camera records may make you feel less concerned.
We spoke to Olivia Egdell-Page, a partner and head of the property department at Joseph A Jones & Co solicitors for her advice on the matter.
She says: The use of security cameras is regulated by the Data Protection Act 2018.
Photographs or moving images of individuals qualify as ‘personal data’ for the purposes of the Act.
The use of cameras for limited household purposes are exempt from the Act, providing that the field of view is limited to the householder’s own property. I note that this is not the case here, and that this is the reason for your complaint.
It is fundamental to consider the privacy of others while setting up a CCTV system and to ensure that neighbours are informed about the system being installed.
Olivia Egdell-Page says the use of CCTV cameras by a neighbour could, depending on the circumstances, be challenged under the Protection from Harassment Act 1997
The use of CCTV cameras by a neighbour could, depending on the circumstances, be challenged under the Protection from Harassment Act 1997, which provides that a person must not pursue a course of conduct which amounts to harassment of another and which he knows or ought to know amounts to harassment.
This does not apply if the person who pursued it can show that it was for preventing or detecting crime, as you assume is his intention, and so this would need to be clarified.
In addition, if the CCTV system has collected images and audio files of you or your family, these would be your personal data within the GDPR regime.
Your neighbour’s use of these images constitutes processing of personal data which meant that they would be a ‘data controller’ and must comply accordingly to the data protection principles.
If you are concerned that CCTV is being used for harassment, anti-social behaviour or other matters dealt with under the criminal law, then these are matters for the police to deal with.
If you do wish to query this with your neighbour on grounds of data protection and GDPR, I would suggest you discuss this with them in the first instance as it may be that they have simply not understood their obligations in this regard.
The availability of smart doorbells does introduce wider questions surrounding data protection and the potential for claims of harassment.
With these becoming more commonly used, it will be interesting to see if such courses of action do increase over time.
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