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Original poster

if it's legal to film someone in their garden

29 replies

purpleme12 · 28/10/2022 15:16

apparently it's legal to film someone in their garden
because a garden is classed as public place i'm guessing this is because other people can see you in your garden ie it's not so private you have to go out of your way to see in it.
this has been told to me by multiple different police officers

so why does it still say on websites like this that it's illegal giving the wrong impression to people??

www.setfords.co.uk/2021/07/16/neighbour-disputes/#secondary

OP posts:
LIZS · 28/10/2022 15:21

My understanding is that rear enclosed spaces are considered private property and recording not permitted without consent. Front is more tricky as it is unlikely your door is being deliberately included and the road is public. How do you know you are being recorded in the garden? Presumably your ndn can see over anyway.

MrsTerryPratchett · 28/10/2022 15:23

I thought it was more about an expectation of privacy. So high walls and gates, someone putting a camera over would be a problem. No fence, front facing the road, fine.

Blowyourowntrumpet · 28/10/2022 15:23

Why have you needed to get this information from multiple police officers? Very odd

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Legal issues
Original poster
purpleme12 · 28/10/2022 15:26

Blowyourowntrumpet · 28/10/2022 15:23

Why have you needed to get this information from multiple police officers? Very odd

well because it keeps happening that's why

OP posts:
JudithHarper · 28/10/2022 15:27

If you can see it from a public place, you can film it.

Original poster
purpleme12 · 28/10/2022 15:28

apparently it's just if someone puts a camera in your face and films you that it comes under the illegal/harrassment territory

@LIZS yes they can see over from their window of their house into our back garden. they can of course see the front garden too. i know because we've seen them. and they've said they're doing it

OP posts:
Original poster
purpleme12 · 28/10/2022 15:29

JudithHarper · 28/10/2022 15:27

If you can see it from a public place, you can film it.

this is what i now understand to be the case after having been in this situation. but then why does it say things like the above on the link that makes people think it's illegal? it's making people think you can take action when you can't

OP posts:
LIZS · 28/10/2022 15:32

What are they doing with the footage?

Original poster
purpleme12 · 28/10/2022 15:36

i don't believe that they're doing anything with it
i believe they're literally doing it to harass us ie make us uncomfortable in our own garden/make us want to move out etc

OP posts:
fyn · 28/10/2022 15:43

If they are filming/photographing from a public highway I believe it is legal. That doesn’t mean it isn’t harassment though!

JudithHarper · 28/10/2022 16:16

purpleme12 · 28/10/2022 15:29

this is what i now understand to be the case after having been in this situation. but then why does it say things like the above on the link that makes people think it's illegal? it's making people think you can take action when you can't

Show quote history

Perhaps it is because people may ask them to send a totally unforceable letter to people who may not know the law and have them pay for the privilege.

Original poster
purpleme12 · 28/10/2022 16:18

@JudithHarper maybe you're right
maybe people think if they send a letter it will stop
well police have been involved since the start for everything they've done and it's not stopped so i hardly think a letter from a solicitor will stop them
but maybe this really is people's thought processes?? i don't know

OP posts:
JudithHarper · 28/10/2022 16:19

purpleme12 · 28/10/2022 15:36

i don't believe that they're doing anything with it
i believe they're literally doing it to harass us ie make us uncomfortable in our own garden/make us want to move out etc

In that instance, if I were you, I would just point and laugh at them or just totally ignore them.

If they don't get a rise out of you, they will soon get bored.

Fluffyslippersohyes · 28/10/2022 16:26

Do you mean they are filming you in your garden with CCTV type cameras? That shouldn't happen if you are on your property. They can film their property.

ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-being-filmed/

Original poster
purpleme12 · 28/10/2022 16:36

no i don't mean that. that would be enforceable and that really would be illegal. (fortunately)

i mean that when they feel like doing it, they get their phone out and film my child and then stop. but i don't believe that they're doing it for anything more malicious than harassing us (if you get my meaning)

OP posts:
LIZS · 28/10/2022 16:50

The link you made further down differentiates between cctv and handheld devices. However if they are not using the footage from a phone is that any different to just watching. The ICO has information about recording and keeping footage.

BobbyBobbyBobby · 28/10/2022 16:56

I’m a naturist in warm weather and enjoy sunbathing in the nude.

Rather than encouraging filming it’s deterred anyone from getting a trampoline or trying to climb up and chat (bother) me over the garden fence.

Original poster
purpleme12 · 28/10/2022 17:02

It is different yes because they are going out of their way to try to harass us in our own home. I'm sure if anyone else was in this situation they'd feel the same.

i have taken the high road and ignored so far but considering filming them back now, as i've been told by the police i can do

OP posts:
Original poster
purpleme12 · 28/10/2022 17:03

BobbyBobbyBobby · 28/10/2022 16:56

I’m a naturist in warm weather and enjoy sunbathing in the nude.

Rather than encouraging filming it’s deterred anyone from getting a trampoline or trying to climb up and chat (bother) me over the garden fence.

well this did give me a laugh 😂

OP posts:
Brigante9 · 28/10/2022 17:07

I’m astonished that you’ve been told they can film your child/you? I know y local lot would consider this harassment and would go round for words. Have you spoken to Neighbourhood? They’re the ones likely to pay the neighbour a visit.

Can you rig up a massive parasol/sail?

Original poster
purpleme12 · 28/10/2022 17:14

ah the police know they're doing it they've even tried to claim my child is harassing them to the police (8 year old at the time who is scared of them and likes peppa pig etc, police person told them they're not taking that forwards) and they told the police they've been filming her - they claimed she was staring at them. she wasn't.

i've put a 6 foot fence up in the back garden.

OP posts:
Original poster
purpleme12 · 28/10/2022 17:21

I mean that the policy don't think they're doing it for paedophile intentions (neither do i really) and so this is why it is legal

OP posts:
Tomikka · 29/10/2022 18:46

The solicitors website is a ‘little’ inaccurate, in that filming into your garden is not necessarily illegal (because they are filming from a public place or their property) but if it is reasonable to expect privacy (because they have had to go to extra effort to see such as climbing ladders to overlook a tall fence) then their filming is intrusive.

As described they are filming to harass which is an offence, but they have probably told the police that they are filming to ‘collect evidence’

Just filming may not be treated as harassment without any threatening behaviour etc, but it can cause distress.
Harassment can be criminal or civil so you can pursue through the police or a solicitor. If either properties are rented then also through the landlord and potentially through the council

www.gov.uk/how-to-resolve-neighbour-disputes

Original poster
purpleme12 · 29/10/2022 23:33

Thank you this reply makes sense to me, after having been in this situation.
Perhaps before this situation started I would have thought that what you're saying can't be true but now I know the truth.
But no one believes the truth because of what is claimed on this solicitor website.
Which to be honest annoys me because everyone is like 'i know I'm right' even though they're not the ones going through it time and time again. And people think oh go to a solicitor and it can be completely resolved and that's the end of it which couldn't be further from the truth.
That's what annoys me

OP posts:
Isaidnoalready · 29/10/2022 23:39

Can you not get a sail type shade to attach to your fence effectively blocking them while simultaneously filming your garden with cctv? Then they would need to interfere with the sail to film the alleged evidence and you could catch them on cctv

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