Homeowners may feel safer in their homes with CCTV cameras installed, or never miss a parcel with a doorbell camera. But people need to be careful and responsible when setting up such devices.
If neighbours feel that these cameras are invading their space beyond what is reasonable or unavoidable, then homeowners could be liable to pay the price. It is important to be fully aware of the right to record, and when it becomes a problem.
While most guidance relates to traditional CCTV camera systems, doorbell cameras are considered CCTV in the UK and are subject to the same data protection regulations. This is particularly true if they capture footage of public areas or neighbouring properties.
The Information Commissioner’s Office (ICO) said: “Where possible, owners should position their cameras to only capture their own property. However, if this isn’t possible and the CCTV captures someone else’s property, a public area or communal space, then data protection law applies.
“This is because CCTV can capture images and voices of other people, and this counts as their personal information.”
These laws say that people who capture images or audio recordings from outside their property boundary must:
- Have a clear reason for using the CCTV
- Make sure the CCTV doesn’t capture more than they need to
- Let people know they are using CCTV (an easy way to do this is by displaying a sign)
- In most cases, provide some of the recordings if asked by a person whose image or audio, or both, the CCTV has captured
- Delete the footage regularly, automatically or both
- Stop recording a person if they object to being recorded and there’s no legitimate reason to continue recording them
What can I do if a neighbour sets up CCTV or cameras pointing at my property?
The ICO confirmed that “consent will rarely be required” for people operating home CCTV or doorbell cameras. It said: “In many cases, the CCTV owner will have one or more ‘legitimate reasons’ to collect personal information through CCTV.
“Often, this will be to protect themselves, their family and property. This means that they don’t need the consent of anyone that is recorded by the camera.”
This does not mean that neighbours need to put up with cameras they feel are needlessly intrusive, and people have their own rights if the surveillance feels targeted or unjustified.
You have a number of data protection rights, according to the ICO. These include:
- You can request a copy of the CCTV footage that you’re in from the CCTV owner: This is known as a subject access request (SAR). Seeing this footage may make you feel less concerned, as it may not record where you think it does.
- You can request that the CCTV owner delete the footage you’re in: This is known as the right to erasure. We recommend that you explain why you would like them to delete the footage.
- You can object to the CCTV owner using CCTV to record you: This is known as the right to object. Contact the CCTV owner and explain that you object to being recorded. The CCTV owner must have a strong reason to continue recording you.
If the use of CCTV is part of a wider problem between you and your neighbour and you feel harassed, then consider reporting the problems to your local housing officer, if the CCTV is installed on local authority or social housing, or the landlord, if your neighbour lives in rented accommodation.
The matter could be reported to the police. However, the ICO claims: “It’s unlikely that the police would consider the use of CCTV as harassment, without other misconduct by the person.”