Whats my rights with cctv - UK

[motofox]

So can anyone advise me on our rights regarding security cameras in the UK. our house is detached and i have my own cameras positioned low so not to impose over anyone's garden fence ect, however next door has just installed a couple of cameras that are quite high and have clear line of sight into my back garden and possibly our bedroom, one is 3m from our back fence and above it , surly back gardens are a private space not public

i know everyone has the right to protect there home and property with cctv but surly there is limits and back gardens and rear of house are private,

Where do we stand exactly

 

[buzzlightyear]

They have not the right to install cctv showing any body property, thats intruding, it was not long ago some body in UK had taken their next door naubour to court.

 

[buzzlightyear]

The problem, as you rightly pointed out, lies in the fact that you perceive that one of your neighbours’ CCTV cameras is pointing directly at your property and this is a Privacy Issue. As far as the law goes in this regard, it would be covered by the Human Rights Act under your rights to privacy. Article 8 of the Act entitled “The Right to Respect for Private and Family Life, Home and Correspondence” means that your neighbour might well be breaking the law here.

 

[James]

Guidance on the use of domestic CCTV

www.gov.uk

its not law but by not adhering to the guidance it is possible they may be breaking the law.

 

[snowhead]

Domestic CCTV systems

Some users of domestic CCTV systems need to comply with data protection laws. This depends on what their cameras can see. Find out about your rights if you are filmed on someone’s domestic CCTV system.

ico.org.uk

 

[DPG]

The problem, as you rightly pointed out, lies in the fact that you perceive that one of your neighbours’ CCTV cameras is pointing directly at your property and this is a Privacy Issue. As far as the law goes in this regard, it would be covered by the Human Rights Act under your rights to privacy. Article 8 of the Act entitled “The Right to Respect for Private and Family Life, Home and Correspondence” means that your neighbour might well be breaking the law here.

Did you really type that Buzz??

 

[buzzlightyear]

Did you really type that Buzz??

Narh, it's good to use the fingers and thumbs can do.

 

[mainline]

So can anyone advise me on our rights regarding security cameras in the UK. our house is detached and i have my own cameras positioned low so not to impose over anyone's garden fence ect, however next door has just installed a couple of cameras that are quite high and have clear line of sight into my back garden and possibly our bedroom, one is 3m from our back fence and above it , surly back gardens are a private space not public

i know everyone has the right to protect there home and property with cctv but surly there is limits and back gardens and rear of house are private,

Where do we stand exactly

Go talk to next door and tell them about your concerns, You could also request the footage.

 

[James]

In the guidelines, you are entitled to ask for footage of any camera that overlooks your property (if I remember correctly)

 

[DPG]

In the guidelines, you are entitled to ask for footage of any camera that overlooks your property (if I remember correctly)

Ok if there's nothing on the telly I suppose

 

[littlespark]

Get a mirror…. Direct reflected sunlight into the camera lens.

 

[MJPD29]

Camera positioning can be very deceiving depending on camera lens. I have this exact configuration 3m from my neighbours fence near 1st floor gutter height, yet can see absolutely nothing past the fence boundary. The fact it is near your fence means nothing as it may not have any view of your side. Worth discussing with your neighbour before doing anything drastic.

 

[Eddy Currents]

In the guidelines, you are entitled to ask for footage of any camera that overlooks your property (if I remember correctly)

I'm unsure about CCTV guidance but I'm sure what your referring to is GDPR where you can make a Subject Access Request for footage but only companies / organisations are covered by GDPR and not the general public

If a back garden is viewable from a public space, if it had no fence or a very low fence then it can also be filmed. There is no expectation of privacy from a public space, you need to create your own privacy. What you can't do is film inside windows or film people doing private things etc. Some of this sort of thing can be a bit of a grey area but I'm sure it's reasonable to request the neighbour to see what the camera is covering and if it's filming inside windows

As already said cameras can be deceiving and what you think might be being filmed might not be so speaking to neighbour and requesting to see what exactly it's covering would be my first course of action

 

[mainline]

I'm unsure about CCTV guidance but I'm sure what your referring to is GDPR where you can make a Subject Access Request for footage but only companies / organisations are covered by GDPR and not the general public

If a back garden is viewable from a public space, if it had no fence or a very low fence then it can also be filmed. There is no expectation of privacy from a public space, you need to create your own privacy. What you can't do is film inside windows or film people doing private things etc. Some of this sort of thing can be a bit of a grey area but I'm sure it's reasonable to request the neighbour to see what the camera is covering and if it's filming inside windows

As already said cameras can be deceiving and what you think might be being filmed might not be so speaking to neighbour and requesting to see what exactly it's covering would be my first course of action

There are different rules for fixed cctv compared to one that is roaming.

 

[LukeD]

Guidelines V law. very different .But here is another side to think about .Ask them to show you the cameras display as they might be shallow angle types rather than super wide etc /So might not worry you that much. The other benefit is one day you might want their recordings if anything happens !

 

[DPG]

Guidelines V law. very different .But here is another side to think about .Ask them to show you the cameras display as they might be shallow angle types rather than super wide etc /So might not worry you that much. The other benefit is one day you might want their recordings if anything happens !

Fully agree with this. My cameras cover part of my neighbours drive. Just enough to see if anyone breaks into their car.

And yes, the viewing angle of cameras can vary hugely.

Get them to show you the live feed so you can see exactly what is covered.

 

[James]

My cameras cover some shared access and some of the neighbors drives.
nobody has an issue with them.
in fact the requests for footage of events have always been sorted swiftly and normally end with a 4 pack of beer being sent my way.

 

[motofox]

i would have no issue with somones camera covering my drive too or front of house as you cannot expect privacy , however the camera in question is a ptz dome and isnt actually pointing into my garden yet, but it can, and it does move and it would be completely intrusive and see my whole private garden and actually into my childrens bedroom if it turned.

My garden is private and completly fenced off, this camera is 4ft above the fence at the bottom of the garden and as i say its a ptz and could look at will, into our garden and bedroom.

so in my view complete invasion of privacy if it was to rotate? which is just a matter of time.

 

[DPG]

I'd still speak to your neighbour. A friendly chat is better than seeking possible legal advice over something which may not turn out to be an issue, but could lead to spoiling a good neighbourly relationship.

 

[LukeD]

Depending on the camera type .It is possible to create areas of a image that will not show anything . So if they cover a building .Certain window areas can be ""blanked off" from been recorded