CCTV, Privacy and The Law
Wherever we go about our daily business in the UK these days, it appears that we will never be too far away from being captured on CCTV. For most law abiding citizens, this rarely presents a problem. We have come to recognise CCTV as almost part and parcel of our daily lives.
Many people welcome CCTV on the streets of our towns and cities in the fight against crime. It can also help to secure the convictions of criminals who might have otherwise been able to go about their business and remain undetected.
The Laws Relating to CCTV
The main laws governing the installation and use of CCTV is covered by the Data Protection Act 1998, but this only applies to businesses and organisations and NOT to domestic property. It’s crucial that people recognise that distinction. If you’re concerned about a company’s use of CCTV, that’s a matter for the Information Commissioner’s Office (ICO) to deal with under the statutes that have been laid out under the Data Protection Act.Is it Legal?
Yes, it is perfectly legal as long as due care is taken. Most people who choose to install CCTV at home do so primarily to deter would-be intruders from trespassing onto or breaking into their homes, and this is completely legitimate.You cannot stop your neightbour from installing a CCTV system or from operating any kind of video recording device, such as a camcorder. For example, Using CCTV At Home can often help police secure a conviction for crimes that have been committed, such as a theft of a car parked outside your home or to identify individuals who are engaging in Anti-Social Behaviour.
That said, in such cases, the CCTV system you might have at home is more likely to act as a deterrent. This is simply because in a residential area would-be criminals are likely to be far more aware of residential CCTV installations, and so are more likely to avoid doing anything which might contravene the law.
In cases of people who are able to provide video evidence of crimes or acts of anti-social behaviour being committed outside their own homes, that will usually come about as a result of some covert filming using a camcorder or digital camera.
When you could be Breaking the Law for Having CCTV at Home
While home installation of CCTV does not fall under the jurisdiction of the Data Protection Act, if the home installation has not been carried out correctly or is being used for a purpose other than for which it was designed, then you may have a case for taking further action under totally different laws.For example, if you have a camera which is pointed directly at another person’s property or it’s suspected that it can capture part or all of a neighbour’s property, they might have a case to take action against you under legislation covered by the Human Rights Act. They might have sufficient grounds to say that they have had their privacy violated, that your CCTV system is tantamount to harassment and even voyeurism.
In such cases, they can get the police involved if you're not able to come to some agreement with regards to what the camera(s) can capture and to make modifications to the installation, if necessary.
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Comments...
My neighbour has a camera pointed into our garden and picks us up when we go out our front door what should we do?
mac - 30 January 2012 @ 8:19 PM
i live in a bungalow, and my adjoining neighbour has installed a wood burner, all the smoke blows constantly in to my garden, i cannot have my door or any windows open, unable to hang any washing out, because it stinks, i'm also getting a cough, as somehow the smoke is coming in to my home, the enviralmental health people, have near enough said, keep windows and door shut all the time, like a prisoner, what can i do?
glinbo - 23 January 2012 @ 2:36 PM
PALOMA, ive had the same issue as you for more than 9 years, I was self employed with my own construction firm and lost everything cause I couldn't sleep when I needed too, after years of this I resorted to living in a tent because I was getting weaker and weaker from lack of sleep, young kids partying all night and all day with loud music and intentional banging, and they trying their hardest to make me only be able to sleep when they are asleep, so that not one bit of noise pollution was coming from my home to theirs when they sleep.I spoke to a solicitors firm because even just creaking floorboards kept we awake and that firm told me the landlord is in breach of my tenancy agreement, but for years of complaints the landlord has done nothing, they figure not doing anything is their cheapest option and if it goes to court they could still win on some technicality.My advise, get a top floor flat before you have to suffer this for years.
maga - 5 January 2012 @ 9:35 PM
How much noise is unreasonable? The young neighbour living above me stomps around the house in a really heavy footed manner. Luckily she does work, but in the evenings the noise is so loud from what I assume is her simply walking around her apartment actually becomes unbearable. As I type this at 1am she is still stomping tonight and I feel like doing that one thing which escalates it all to a war of words, by going up to her floor to remonstrate. I have checked with my neighbours below in case I am inadvertently causing noise myself and they say they seldom hear anything at all from above.I just don't know how reasonable I am supposed to be about heavy footedness!
paloma - 18 December 2011 @ 12:57 AM
My neighbours cctv sensor picks us up as we are coming and going and it is linked to his computer so he knows when we are coming and going and he refuses to adjust it. he has also been recording us audio and visually with a hand helddevice and say's he is allowed to .is this correct and what can we do about it.
lind - 25 November 2011 @ 7:28 PM
We are having problems with our neighbour, now he has put a cctv camera right next to our sitting room window in the back garden we have been told by the police that although the camera is facing there side of the fence it is still recording everything we say in our garden and if our windows are open it can pick up what is said in our sitting room. The police say they are allowed to do that, but surely that is an invasion of privacy.
sandy - 12 October 2011 @ 11:10 PM
I currently have CCTV installed at my domestic property. It is 10 years old and is in need of upgrade. Previous experience with the police has shown that the current system is not capable of reading number plates or providing facial recogition when we have had 3 or 4 problems over the years. I am considering installing a modern tracking camera, that is capable of rectifying these pitfalls, but would obviously follow anyone walking in the vicinity of my home, and possibly my neighbours property. Would you consider this type of camera to be legal in a domestic application in the UK?
Bryan Griffiths - 21 July 2011 @ 6:51 PM
I live in a flat which has an enclosed yard to which we both share, my neighbour told me he is installing cameras on the building showing all the yard which I sit out in. The flat is rented can he do this? I think its an invasion of privacy.
nicky - 14 July 2011 @ 1:11 PM
My mum has had problems with her neighbour for two years since the day she moved in. She has contacted the police who have logged the complaint. They have knocked on her door late at night (she lives on her own) and been verbally agressive with her and always accused her of things she has never done. They are now accusing of her doing damage to their car, which is parked up on the pavement outside the front gardens. I would like to know if there is any law on having cctv camera pointing on to the pavement and other peoples cars? As this would help prove there is no damage being done.
lisa - 30 June 2011 @ 8:46 PM
As mentioned in the article, having a camera pointing directly into your property is an invasion of your privacy and may infringe your human rights. If you feel you can't approach your neighbour about this, contact your local police force for their advice.
ProblemNeighbours - 23 June 2011 @ 12:19 PM
I live in a flat which is in a block of 4 (2 up 2 down), our gardens are in a row and are very open. A digital camera has appeared in my neighbours kitchen window pointing directly in to mine and the other 2 gardens (not his own as his is obscured by the brick sheds) it seems a bit odd as it looks strategically placed and is on the window side of the net curtains. I'm quite concerned as I have a small child who likes to go out and play. My neighbours are concerned also, but I'm a bit worried about confronting him about it as I've not lived here long and find him quite strange! If he is recording or taking pictures, is this legal? What can I do?
nw - 22 June 2011 @ 6:47 PM
Sparks, yes that is open property and you can put the camera directly aimed at it. But also make sure you get one aimed at yours. The kids and their parents are responsible for damage in that case and it can be used in police action.if you have seen the kids and know where they live at this point call the police and give address, they HAVE to go out and talk with parents. video evidence will help in this case
not so fast kids - 16 June 2011 @ 2:12 PM
We have a neighbour from hell who has erected 3 cameras all of which point directly and only into our gardens, we are under surveilance, we too have asked the Police to help but they told us that this was the remit of the ICO, today I have been told that our neighbour is "likely" to have complied with the Data protection Act and have closed our case, we have moved out of our dream house and are currently trying to sell our dream home, the cameras are putting off potential purchasers, where do we go from here? we are getting no help from anyone, its a disgrace, our neighbour is using CCTV as a tool to harrass us and he is getting away with it.
thenu - 10 June 2011 @ 3:18 PM
Where we live there is a small piece of council owned land, with a few trees that are used as goal posts,and my drive is only 8m from one of these trees, to which the ball often comes into my garden or hits my car, to which there is now a ball mark scracthed into the paint work! I have had words with these young kids some as old as 14 and some as young as 7, but you just get cheek back. So i have gone to the parents with the same outcome. I am considering putting up a cctv system on the gable end of my garage looking down the side of my car, would this be legally do-able?
sparks - 28 May 2011 @ 11:09 AM
We have a shared drive with our neighbour and last May I asked her if she could stop her dog barking continually. I thought this was a reasonable request as the dog was now more than a year old and she hadn't made any attempt to curb the barking, in fact the dog was being teased to make it bark more. However she didn't think she should stop the dog barking and there has been problems ever since.She installed one camera in her garden last summer which was erected to watch us coming out our back door, now she has 4 cameras around her garden and one is still looking directly at our window and door.Apart from other damage she has caused to our property we keep asking the police to come and check the camera to see what it is recording but when they eventually gain access she has it switched off and says she doesn't know how to switch it on! Police say they are unable to do anything else so where is our human rights and privacy law! We are very frustrated with things and we have now erected 2 cameras of our own - a case of if you can't beat them join them but it still doesn't solve the problem of being continually viewed by her.
mars - 1 May 2011 @ 8:54 PM
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