My neighbour’s CCTV records into my garden – what are my legal rights?
CCTV systems are a popular way for homeowners to keep their home secure but there can be issues if a camera points towards a neighbouring property.
We reveal your rights.
CCTV systems can help a homeowner feel safer by keeping an eye on their back garden.
It can help spot intruders and suspicious activity.
But a neighbour may not be happy if the camera ends up recording them in their own garden.
One homeowner took to the recently after spotting that his neighbour's CCTV was capturing his garden and could see and hear everything he was doing.
NEIGHBOUR DISPUTES
Obviously, most people expect to be caught on CCTV when out in public, but what about when in the comfort of your own home and garden?
Legal experts say that if a neighbour's CCTV records onto your property the position is regulated under the General Data Protection Regulation and the Data Protection Act.
You may be familiar with this when it comes to websites storing your data or companies sending you emails.
But Joanne Ellis, a partner at Warrington-based solicitor , said if CCTV being captured falls outside of a homeowner's property boundaries, the person capturing the CCTV becomes a data controller.
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This creates a set of responsibilities for the CCTV owner.
The person captured has a right to be told a CCTV system is being used and what information is being recorded.
Ellis said a subject access request can be made if a neighbour refuses to do this.
She said: "You can ask for the footage captured of you to be deleted - but it can be refused if there is a legitimate reason to keep it such as it captures a burglar.
"Any third parties that the CCTV is disclosed to, such as police and insurers, are also obliged to process the footage in accordance with the rules."
Can I ask not to be filmed?
Ellis said that a neighbour can request they are not captured on CCTV, but this might not be granted if the filming complies with regulations.
The CCTV owner must also process data in a lawful and transparent manner and only for specified and legitimate purpsoes.
Ellis said: "In a domestic context, this is usually to deter or record burglaries or theft.
"If the CCTV footage for example covers a potential entrance or exit and is not too intrusive for the neighbour the use is likely to be considered legitimate."
The data processed must also be adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
Ellis added: "The importance here is the limiting – so if the coverage clearly captures far more than would be necessary to identity an offender it would breach the regulations.
"The data must also only be stored for an appropriate time – so after a reasonable period of time it is appropriate to delete the footage if it is not required evidentially.
"There may also be a harassment or nuisance claim depending on the extent of the filming and the circumstances of the case."
As always with disputes, Ellis said, the best course of action is to speak with the neighbour, voice your concerns and try to reach agreement.
If that fails it may be worth taking legal advice, but this can be pricey.
also has a guide on what a CCTV owner needs to do and the rights of neighbours.
The ICO suggests that a CCTV owner informs their neighbours before installing the system, listens to any concerns and must follow data protection laws.
This includes responding to subject access requests and deleting footage if asked and within one month.
It can fine a homeowner for improper use of CCTV and says its rules also apply to video doorbells.
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