I'm fuming after spotting my neighbour's camera – it looks directly into my garden and records everything my kids do
CAM ON NOW I'm fuming after spotting my neighbour's camera – it looks directly into my garden and records everything my kids do
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A WOMAN was left fuming after claiming her neighbour has installed a camera in their window which looks directly into her garden.
The mum said she was especially concerned as her kids play in the garden in full view of the alleged recording device.
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A woman claimed her neighbour is 'filming' into her garden
The woman claimed: 'He's now recording me.
'I can't cope.
'He's watching my kids, this is enough.'
She didn't share whether or not she had already confronted her neighbour, but people were quick to chime in with their views on the video.
Many people urged her to report the neighbour to the police, with some calling it a privacy violation.
However, another said: '2 sides to every story.'
The person replied: 'I don't do anything that untoward, I get anxious with confrontation.
'Next door go to sleep at 10, I respect that and make sure my house is in bed too cos not to make any noises! They scare my [sic] I'm alone with 3 small kids!'
WHAT ARE YOUR RIGHTS?
It's typically not illegal for a neighbour's security camera to capture images beyond their property boundary, but it can be intrusive and raise privacy concerns.
If your CCTV footage captures images beyond your property boundary then you are subject to the data protection laws.
Your kids are breaking law if they kick their ball over neighbour's fence, High Court rules after couple sued next door
Legal experts say you will be 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.
Joanne Ellis, a partner at Warrington-based solicitor Stephensons, said if CCTV being captured falls outside of a homeowner's property boundaries, the person capturing the CCTV becomes a data controller.
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 YOU REFUSE 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 purposes.
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."
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.
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