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What Can we do About a Neighbour's CCTV Camera?

By: Jeff Durham - Updated: 28 Sep 2020 | comments*Discuss
 
Cctv Privacy Law Harassment Human Rights

Q.

I was wondering what action I can take with regards to a neighbour who has just recently moved a CCTV camera into his bedroom and is pointing it directly at our front door and two bathroom windows.

We live in a courtyard development (5 houses) and the camera is about 10-15 metres away and clearly visible. He already has an external camera pointing towards his own door which is absolutely of no consequence, but I feel the second camera is in violation of our rights to privacy.

We have recently had some flooding issues, although his property was not affected. The emergency services were called and he was seen standing watching everyone and even the fire brigade felt the need to comment.

Later that day when council representatives were on site, in front of witnesses he "flew" at my wife and invaded her space and verbally attacked her. What can I do?

(D.M, 16 October 2008)

A.

The main laws surrounding the use Of CCTV are contained within the Data Protection Act 1998 but these do not cover domestic residences. It is perfectly legal for a resident to install CCTV (even with recording and playback capabilities) and, in the normal course of events, this will be done to protect one’s own property against the threat of intruders and trespassers.

When installed correctly and used for the right purpose, residents who have installed CCTV will tend to have a positive effect on the reduction of crime and anti-social behaviour occurring in the neighbourhood, as would be perpetrators of such actions would be less inclined to commit offences for fear of being caught on camera.

The problem, as you rightly pointed out, lies in the fact that you perceive that one of your neighbours’ CCTV cameras is pointing directly at your property and this is a Privacy Issue. As far as the law goes in this regard, it would be covered by the Human Rights Act under your rights to privacy. Article 8 of the Act entitled “The Right to Respect for Private and Family Life, Home and Correspondence” means that your neighbour might well be breaking the law here.

Ideally, it would be better if you could speak to the neighbours politely, explain the situation to them and request that they make certain modifications to the CCTV system so that it does not infringe on your privacy. However, given you stated that the man verbally attacked your wife, the likelihood would seem to suggest that he would not be prepared to listen. Incidentally, the fact that the man verbally attacked your wife might be also covered under the Human Rights Act in terms of harassment alone. It's also likely that his behaviour will have been mentally noted, at least, by the council representatives so that could obviously go in your favour.

Therefore, I think you have every right to contact your local authority or local police force and have them come out to investigate. They would obviously need to be satisfied that the installation was basically Causing Harassment, perhaps even bordering on voyeurism, and they could then take action. Alternatively, get some advice first from a solicitor who has specialist knowledge in this area.

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my neighbourhas put a camera in his garden but it one of these ones that has a 360 view also ot about 10ft up his wall do he gets a good view of everythingi do in my garden his there a hight restriction I thought it is at the most 8 ft am I wrong
blueboy123 - 28-Sep-20 @ 6:16 PM
I install CCTV for a living andthe general guidelines installers go buy is that the centre of the cameras field of view has to be on your property - this can flow over in to public areas or neighbors houses. Secondly you can't tell from just looking at a camera on a house what it can see unless you work with them routinely. some cameras have a very narrow field of view and cant actually see a lot. and unless they are spending 4 figures they are only going to be using HD cameras and you cant pick up much detail after 10 meters, a common set up is two cameras at the front of the house on opposite sides covering the front of a house, to the neighbors opposite it may look like the cameras are aimed at there house when in 90% of cases their field of view stops at the road. im not saying you don't get some people who are spying with their cameras but if they been installed professionally they wont be. also PTZ's (the cameras that move) generally they are programmed to move on their own either following a pattern or reacting to movement, - don't assume some one is sitting their following you
andurilmat - 21-Sep-20 @ 8:00 PM
You say - Ask for Advice or Share Your Story... Whats the point? There's no reply for anyone to offer help and no indication that you as the website have even contacted these people who are asking questions as surely it would help everyone to see the response. What a waste of time.
Whats the point - 20-Sep-20 @ 9:44 AM
Have have CCTV camera inside my window of house. I was advised my the police too get this after my car damaged. My camera covers my garden an over to the foot path to my car. ( Does also cover my 3 neighbors cars too my left. They don't have a problem with it being there). Also long that you hav said. Too the people who property it's covering and there fine with it your grand. I hav a neighbor on the right side of me an he is recording everything I do an the camera is on my car.He hasn't asked me was it okay for him too do this. In this situation he can be asked to remove it. As it's falls underHuman Rights Act under your rights to privacy. Article 8 of the Act entitled “The Right to Respect for Private and Family Life, Home and Correspondence
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Talus - 16-May-20 @ 11:33 AM
For many years I have installed and looked after many town center CCTV systems south of Scotland and north of England And know the laws regards CCTV my problem is a neabour who is intent of causing problems with the last few years being called a pedo from both her and her kids which has spread around , kind of stupid considering I work in schools have security and government vetting and two of my own daughters but as they say mud sticks Some work around's offered her to see the system where she said no , not interested ! After all what the CCTV see's it records ! No cameras cover her house or garden but intent that they do also the 5yrs of trouble including her family damaging my car's ect main reason another two cameras went up My system is registered , signage up and police have used my footage whereby last year it was on all the Scottish news when a young lad went missing, now that's someone that has something to hide I can see more looking out a window than looking at the cameras CCTV is here to protect not to spy , ask to see it , ask if it's registered and within law , get the police involved after all it's recording and no system should point in someone's windows as that is a breach of privacy , also most modern systems have a mask facility where you can blank out areas in view or record when movement After getting police involved regards the slanderous remarks I am now going to take the woman to court via legal action for slander after many attempts to speak to her regards it failed even police requesting her attend a mutual meeting
Ali Graham - 7-May-20 @ 5:26 PM
For many years I have installed and looked after many town center CCTV systems south of Scotland and north of England And know the laws regards CCTV my problem is a neabour who is intent of causing problems with the last few years being called a pedo from both her and her kids which has spread around , kind of stupid considering I work in schools have security and government vetting and two of my own daughters but as they say mud sticks Some work around's offered her to see the system where she said no , not interested ! After all what the CCTV see's it records ! No cameras cover her house or garden but intent that they do also the 5yrs of trouble including her family damaging my car's ect main reason another two cameras went up My system is registered , signage up and police have used my footage whereby last year it was on all the Scottish news when a young lad went missing, now that's someone that has something to hide I can see more looking out a window than looking at the cameras CCTV is here to protect not to spy , ask to see it , ask if it's registered and within law , get the police involved after all it's recording and no system should point in someone's windows as that is a breach of privacy , also most modern systems have a mask facility where you can blank out areas in view or record when movement After getting police involved regards the slanderous remarks I am now going to take the woman to court via legal action for slander after many attempts to speak to her regards it failed even police requesting her attend a mutual meeting
Ali Graham - 7-May-20 @ 5:25 PM
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