to think its illegal to record people from your home

[LilQueenie]

Back story. My neighbour is creepy. I avoid him for two reasons. 1 being he always has to put his hand on my shoulder or ruffle my hair to stop me. Im a grown woman ffs. Secondly he lives alone and his house is not one you would go in. It actually smells so bad. dp went in once and he had to wash himself on his return. He never invites anyone else in and is an ungrateful person. Well into his 70's.

Today as I went to collect dd from school I noticed his curtain opened slightly (they are usually closed) and a tiny red light that seemed to follow as I passed. I believe he is filming. He has made mention of people coming out the block of flats at early hours and he cant get to the window quick enough to see. Hes annoyed about it. he also has help ie meals on wheels and flats themselves are fairly secure.

Heres the problem. There is a school opposite with many children passing. Is this legal. It makes me feel uncomfortable.

It's not illegal to record people in public spaces. As long as you're not harassing them, intimidating them (like upskirting)

Even if its opposite a primary school?

Well, no. I'm slightly confused by your question as when we're out in public we're on cctv etc. Anyone can take a photo or video you walking down the street - it's public.

(Unless as I said above they're harassing you)

You could speak to the school head and children's social,services if you have concerns he is filming.

I think there is a difference with cctv and recording from your home. cctv is there for our safety.I might mention to the school though so at least they are aware. Thanks.

You can be legally filmed any time you are on public land. Indeed, you should assume you probably ARE being filmed any time you're in public. It's only illegal to film without permission on private property.

Does that apply to scotland? I'm just wanting to be sure as some of our laws are different.

No rules against filming in public places - if that is what he is doing, because you don't really know!

Does that apply to scotland?

Yes.

www.theiac.org.uk/resourcesnew/filming-in-public/filming-in-public.html

The legal doctrine is called 'reasonable expectation of privacy'. It is illegal to film someone when they have a reasonable expectation that they are 'unseen'. If someone films you through a crack in your curtains or through a crevice in your 8ft fence, that's generally illegal because it is reasonable for you to believe that no one can see you. But filming you through your open curtains or through an open gate in a fence is generally not illegal because it's not reasonable for you to assume that you are unobserved. There may be other laws governing the filming of children, but I don't know about that. We were involved years ago in a 'privacy' case where my DH was filmed without his knowledge.

Whether or not filming you could constitute harassment is another thing. I expect that would have to do more with the person's intent to annoy or bother someone rather than just being a nosy bugger.

Domestic CCTV is not so clear cut (and commercial CCTV even less so)

www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property