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What are the new SLR cameras that record video?

Is it legal to have video cameras on a residential property that are blatantly set up / mounted to see and record the next door neighbors' house and property?

  • Good friends of mine live in a nice area in a new england town with small lots that are close together. They are good people with small children. They have new neighbors who are rude and aggressive, and have set up 5 video cameras that are explicitly mounted to point directly at my friends' house and yard, etc. Is this legal? Is there anything they can do about this? They have to have their bedroom blinds shut at all times, cant walk out in their yard without being taped, etc. It is not a case where it's simply a security system and my friends are being sensitive - it is literally only capturing their house etc. How can they legally stop this, or how can they cleverly (AND legally) incapacitate the cameras? (e.g. in the vein of  legally mounted powerful narrow beam lights that dont allow the cameras to see, things like this.) Not interested in answers like 'bash the cameras'. Interested in ways to creatively and legally deal with this. If it makes a difference, the neighbors are renting the house next door, they do not own it.

  • Answer:

    Generally it's not legal as such acts violate the personal space and privacy of others. It also violates Article 8 of the Human Rights Act 1998, the right to privacy and a private family life (though I'm not sure whether it has a horizontal effect and whether you can bring a claim under this) Unless they have a very good defence, you can apply for a court order/injunction to request the removal of such equipment. Alternatively you can report this to the police, but I'm not sure whether they can handle this sort of issue. Or, you can go up and talk to them about it and try settling things first before you decide to commence legal action.

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I believe that any video surveillance/monitoring of private property other then your own requires the person/business to obtain written permission by the owner to do so. Certainly any areas considered "private" would be illegal. I am not a lawyer so don't hold me to this. I would suggest having them talk to a lawyer.

Sean Watson

There is something called privacy and every individual has the right to have it as long as they are on their private property. Even the law enforcement agencies need legal permissions before they can start surveillance of an individual/property and in this case your friend's neighbours are clearly violating it. So better ask them to report the matter to police.

Kunal Baweja

First suggestion I will make is to speak with the property owners.  They have a tenant using their property for purposes that are improper at a minimum and perhaps illegal.  An excessive number of surveillance cameras may be an indicator of internal activity of an illegal nature, e.g., drug manufacture or distribution. Second, surveillance of your property from outside might not be a violation of any law.  One might think it should be but as long as they are not entering your property it might not be illegal.  But, since children are present there might be a concern that the children are being stalked or recorded for malicious purposes.  If this is suspected then speaking to the local police with a concern for your childrens' safety is likely actionable with either the police directly or indirectly by way of a protective order from the police.

Michael T. Lauer

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