CCTV surveillance by your neighbour

In this age where we are increasingly concerned about the protection of our home and its contents, more of us are considering the use of, and installing CCTV.  But where does this leave us when the neighbour’s camera overlooks our garden or our home? Helen Porter, Partner at Warner Goodman, specialises in residential disputes and advises on the remedies.

In general, the use of CCTV is regulated by the Data Protection Act 1998. However, the use of cameras for limited household purposes is exempt from the Act and the CCTV code of practice, even where its presence may be intrusive to others.

Helen advises the common sense approach of always talking to your neighbour first to see if the problem can be resolved by turning the camera slightly so it less intrusive and does not cover your private space. If this does not work, your only remedy may be either to contact your local police and see if they can resolve it, or through the Courts which will nearly always result in strained neighbourly relations and someone bearing the cost.

In December 2008, the Home office published the following advice:

Whilst it is lawful for you to monitor your own property for security purposes, the manner in which CCTV is used, in particular where the field of view covers areas outside your property, may have legal consequences.  Cameras being deliberately trained on areas outside an individual’s property, could amount to harassment and potentially give rise to prosecution under the Public Order Act or Protection from Harassment Act.

Under section 1 of the Protection from Harassment Act 1997, a person must not pursue a course of conduct which amounts to harassment of another and which he knows or ought to know amounts to harassment.  An action under the 1997 Act will usually be for an injunction ordering your neighbour not to do something or requiring them to remove the CCTV cameras.

In any legal action, your neighbour may have a defence if they can show that the CCTV was installed for the purpose of deterring would-be intruders from trespassing or breaking into their homes. Indeed, in some circumstances 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 a home.

Helen advises that while you cannot stop your neighbour from installing a CCTV system or from operating any kind of video recording device, they should take due care to respect the privacy of your property. Where, on the other hand, the installation of CCTV is by a neighbouring business, they will need to comply with the Data Protection Act which means that if they are likely to record your image they will need your consent. If they do not have your consent, a complaint to the Office of the Information Commissioner should do the trick.

For further information and advice, please contact Andrew Cullyer at andrewcullyer@warnergoodman.co.uk or on 02380 717482.

You can also click here to read a case study review article that examines the case of Fairhurst v Woodard [2021] 10 WLUK 151. The core of this dispute was regarding how several cameras and audio recording equipment stretched far beyond the boundaries of the Defendant’s property and intruded on the Claimant’s. You can find out what happened at the hearing, the evidence put forward, and what the judge awarded.

ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.