Neighbour put up CCTV camera that looks into our garden

[DirtyCarrots]

Let me start by saying we don't do anything too wild in our garden however, living in a terrace house in London, we really value the small amount of outside space and privacy we have managed to create via fencing, planting etc.

Our neighbours have been digging a basement and renovating their house for 18 months now (and have failed to talk to us at any stage of the building works!). Their latest improvement is to put up a CCTV camera high up on their external wall that can see across the whole of their garden but the whole of our garden too.

AIBU to feel this is a massive invasion of privacy and ask them to move it?

I am obviously quite cross about the total lack of communication during the build so just want to make sure I am not over-reacting.

Not overreacting, not sure that's even legal. You might want to check that.

I could be wrong but I believe you aren’t allowed to record anyone or any land which isn’t your own, without very specific agreements in place. It’s slightly different for a bit of public highway (the path outside your house for example) but private land is a definite no no.

Are you sure it’s not just a dummy camera? How do you know the span it is covering?

Google ICO domestic cctv.

Extend fence so blocks view across your garden?

You can't force them to take it down. However, if it looks into your garden they are not exempt from data protection laws in the way they would be if it was solely looking at their own property.

This means they have to tell you they are putting the CCTV up (albeit you already know) and that they have to tell you the purposes they have it for (eg security) and only use it for those purposes (no putting video of you falling over onto Youtube). Normally they can only view the images if there is an incident, not just generally browse them.

You have a right to a copy of any images that show you in them.

YANBU. I think it's a very grey area, though, because the camera would need to be pointing directly at your garden for you to object (I think).

Perhaps have a quick google and see what your rights are, but also consider asking them how much of your garden the current positioning of the camera allows and go from there.

We have a Ring doorbell at the front and Ring cameras/lights at the back and sides (previous car theft meant I went a bit OTT with the security) and we asked the neighbours we share a drive with if they minded before we installed any of it - they're lovely and didn't mind, and with Ring doorbells you can reduce motion zones if people don't want their property/movements recorded. Try and chat to them if you think they'd listen - it could be that they can reduce the motion range it detects.

Theya ren't breaking a law but they will have added legal respnsibilities if their CCTV does overlook your garden.

Send them this link and ask them to abide by the legal obligations for all data controllers. Tell them you WILL be expecting full compliance or tyhe camera to be re-placed and will contact the ICO if neithe rof those tow things happens by X day.

And be prepared to seve them with a subject access order (SAR) on a regular basis

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

Are you sure it actually looks into your garden? You can have it blurred/cut off etc I have cameras and they look like they catch a lot more than they do. I do catch part of one neighbours garden with their permission and they catch part of mine too.

When our car got its windows smashed on our drive, a police officer who came around noticed that next door's CCTV overlooked part of our drive. He said it was illegal and he'd tell them to move it after it was checked for any useful footage.

He said it was illegal The ICO page doesn't agree... wonder which is actually true?

I’ve had the police ask for footage off my cameras (date and time stamped etc) for incidents that have happened in the road out the front never once asked for it to be moved or that it’s illegal. I have signs, it’s got the correct time and date stamps, the system is password protected etc and it’s locked away.

Topless sunbathing anyone.

I don't think I'd care, CCTV is useful. Wouldn't you be happy it was there if you got burgled?

It's actually quite hard to get a narrow beam from a camera, those things have quite a wide parameter.

@OneForMeToo

I’ve had the police ask for footage off my cameras (date and time stamped etc) for incidents that have happened in the road out the front never once asked for it to be moved or that it’s illegal. I have signs, it’s got the correct time and date stamps, the system is password protected etc and it’s locked away.

Same here. It's come in handy.

Thank you all for taking the time to reply - much appreciated!

Sounds like I am not being unreasonable. I will be dropping an email to the neighbour this afternoon referencing some of the data privacy implications mentioned in the thread. He can be quite dismissive (especially of women ) so it will help make my point.

If that fails, I feel some sun baking coming on!!

To answer a couple of other questions which have been really helpful -

The camera can definitely see into our garden - it is only about 1.5m away from our boundary fence.

We can't extend the fence - the whole garden is only 5.5m x 4.5m so it is a real battle for light.

I think, on the balance of things, I value privacy over the increased surveillance should we be burgled. Our area is low crime and my DC love being naked in the paddling pool .

Thank you all again.

It shouldn’t be covering your private back garden. Hope they’re receptive to getting it moved.

If the camera is able to record your children playing, I think you have excellent grounds for having it removed. Just report it to the police.

ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-being-filmed/i-m-unhappy-about-the-use-of-a-home-cctv-system-what-can-i-do/

There's a little tool you can use here that might help, OP.

There was a thread like this a month or so ago.
I said on that one I'd be happy as it's added security for me too. (I actually live behind a petrol station forecourt and because of the CCTV have never felt safer!)
Iirc the upshot of the other thread was that the OP was going to ask the neighbour to show her the footage to see what, effectively, of her property the camera recorded. The neighbour had already taken steps to blank out the side of the camera that would have taken in her lower window.

I've got a filter on my camera's that blocks out my neighbours houses in the distance. My installer did it. There's just a blank void in that area. I would be happy to show them if they asked. Possibly your neighbour has the same

@FourPlasticRings: Really helpful tool, thank you!

Why is it that you think they should have communicated anything about the building work to you?

@heartsonacake because most decent neighbours pop round and let those next door know if they’re having building work done. It’s bizarre you have to ask. Do you not have neighbours? If you’re doing something that might be disruptive to them then it’s generally polite to give a heads up.

If he's a dick about it, put one up facing his garden.

It's illegal I believe.

The view of the camera van only cover up to his boundary.