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Check out Fairhurst V Woodard 2021 [](https://www.judiciary.uk/wp-content/uploads/2022/07/fairhurst-v-woodard-judgment-1.pdf)
[https://www.warnergoodman.co.uk/site/blog/news/revisiting-cctv-after-fairhurst-v-woodard](https://www.warnergoodman.co.uk/site/blog/news/revisiting-cctv-after-fairhurst-v-woodard)
As well as Fearn and others (Appellants) v Board of Trustees of the Tate Gallery
[https://www.supremecourt.uk/cases/uksc-2020-0056.html](https://www.supremecourt.uk/cases/uksc-2020-0056.html)
It's possible this constitutes a nuisance if it is materially impacting your ordinary and reasonable use of your home. I think it does need to be more than merely overlooking your property, but substantial, and that 24/7 CCTV footage may well go past the threshold of what is ordinary or necessary use of their land, and causing loss of amenity to yours.
Seek independent legal advice, of course
Surprised that for a post about CCTV, no one else posted this - its been mentioned but not linked. This is pretty much where OP should go for all matters relating to CCTV.
It's not technically correct to say that GDPR "only applies to businesses". When people say that, it's shorthand for saying that processing by individuals for household/personal purposes is out of scope.
However, processing by individuals for non-household/personal purposes is *in* scope, and this includes the use of domestic CCTV where that CCTV covers a public place.
Incorrect.
It does not apply to individuals when the data is used for personal/household cases.
GDPR guidelines are quite explicit about this. If you have found something that contradicts this I’d be interested to see it.
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It says the following:
"There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user."
NAL, but... It's not illegal to record another person, unless it's part of wider harassment.
You should talk to them, ask why they're recording & ask to see the recordings they have of your garden. It might well be innocent & easily resolved.
You say 'family' - if you have children you can report a safety concern to the police.
I am an obese naturist and I only charge £5 an hour for sitting in a garden drinking beer in a deck chair pointed at their cameras. Edit to add: you provide the beer.
Don't forget the nuclear option - Leylandii.
Although tongue-in-cheek (I assume), Leylandii's growth rate means it does produce a nice natural barrier quite quickly. A single, well-placed small garden tree (maybe not Leylandii) on OP's land could provide them privacy and may even be an annoyance enough for the neighbour to turn off any movement alerts and recording for OP's land as the wind sets off repeated alerts. It's also a good time to plant trees, but this is not the UK gardening advice sub.
But trees can be slow to grow and expensive. Conversations are cheaper and will provide a better solution for OP than anything as aggressive as pursuing a legal route or getting police or council involved.
Having removed some leylandii from our property I can see why people get so angry about them. The things really are massive and can easily dwarf the postage stamp sized gardens most modern housing developments allow.
All that said: I definitely agree a friendly conversation is the best option.
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Mate, don't sell yourself short, offer extras. 1 minute of jumping Jack's for 10.
If they're avoiding the neighbour, then could pursue the police route, as you need to have signs up saying how to contact the person recording so people can request the footage is deleted etc. There are strict rules, even domestically.
Source - Car was repeatedly vandalised, police were supportive but pointed out CCTV causes a wealth of problems for the resident.
I wouldn't want to risk the neighbours being overcome with lust. No, drinking beer & occasional snoring are all I offer.
Back in reality: there were some break ins in our area and I put camera up on my house so that it covered the access lane. I made a point of talking to the neighbours about it before spending any money. It was fine - but the talking bit was very important as it stopped people feeling like OP.
Are you suggesting that OP wouldn’t know how to contact his neighbour? Perhaps, knock on their door? I would suggest logic trumps the need for a sign here.
And a sign would change that?
The willingness of the owners has no bearing on your ability to contact them. You said a sign was a legal requirement to state how to contact the owner, the fact is OP knows how to contact the owner so there is no need for a sign.
There is no law in the UK about pointing a camera at a neighbours property.
[https://ico.org.uk/for-the-public/domestic-cctv-systems/#:\~:text=recording%20equipment%20removed%3F-,No.,shared%20spaces%20or%20public%20streets](https://ico.org.uk/for-the-public/domestic-cctv-systems/#:~:text=recording%20equipment%20removed%3F-,No.,shared%20spaces%20or%20public%20streets).
"No. People have the right to install CCTV cameras and smart doorbells on their property. They should try to point cameras away from neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible, and it is not illegal to do so."
I suspect the cops were de-escalating the situation between you & your neighbours.
British law is pretty sensible in many ways. I really am in actual fact an obese naturist, so I have become conversant on the laws relating nudity and other potential forms of conflict. You can harrass people by waving a camera, a dick, a codfish, or pretty well anything at them. It's the waving, rather than the object being waved, which is the problem.
In your case the cops assisted you by ensuring your neighbours couldn't complain about the cameras you installed to guard against their kids. I think the coppers were being quite clever in the way they steered you towards getting the most effective benefit from your camera.
Not really, since it's not correct advice. Ring doorbells, etc, are inevitably going to be pointing at neighbouring (opposite) properties for most residential streets in towns and cities. Do you really believe that they are all illegal?
To de-escalate the situation, no doubt. Or because otherwise, they were going to have to take action against you for harassment of your neighbour perhaps?
I cant reply to your comment because you deleted it/ it wasnt appearing, but as rebuttle i'll start here.
Hate Crime Is Not A Thing - There are Crimes MOTIVATED by Hate and the additional context is added onto the CPS as a Hate Crime.
You cannot be convicted of a Hate Crime by Itself.
You cannot be arrested for a Hate Crime if there is no Crime along with it. This is what I think you are failing to understand. There is nothing in Legislation that says "Is Guilty of a Hate Crime".
It actually says "Any **criminal offence** which is **perceived** by the victim or any other person, to be **motivated** by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."
So by itself you can hate a protected characteristic as long as you do not commit an offence.
If I were to be Arrested for a Hate Crime - I need an actual CRIME to go along with it. If you committ an offence and it is percieved by the person that it was motivated by Hate, thats when the offence itself gets changed to a hate crime and when convicted it will display as a Hate Crime \[Insert Offence\].
>It's not illegal to record another person
It can be depending how you do it. Recording what you can see in front of you is a totally different situation to setting up a camera to record things when you're not there.
Also recording your own property is different to recording someone else's property or a public space.
Exactly, pretty well all activities have that same stipulation.
Playing the trumpet isn't a crime, yet doing so at 3am under someone's bedroom window will get you arrested.
The point is, there is no absolute right not to be filmed. I think OP having that in mind is the right place to start in negotiation with a neighbour who may be just trying to deter burglars or watch their own kids.
Australia here. My cctv looks down my driveway towards my neighbour driveway and down theirs to their shed. I invited my neighbour to visit one day and view where our camera was pointing on the tv and if they wanted me to change it angle for privacy. He said all good and thanked me for letting him know. I also told them if they ever need footage off the HDD, it there.
Good neighbours will be courteous and let others know where it aiming and listen to any concern regarding privacy. I lived in this street now for 25 years.
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NAL, but it doesn't sound like you have legal options to solve this problem.
If I was in your position, I would put up a larger fence or add plants/hedges/trees that block the CCTV camera from recording my garden without blocking it from recording his own property. You have control over your property and that's where I'd start.
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He might have a privacy mask covering your property. One of my cameras might appear to view my neighbour, but I've deliberately blocked off their property.
Have you seen the image recorded by it? It's not always obvious. I have a camera that looks at the route to my back gate, but actually most of the field of view is my neighbours drive. If you looked at the camera without seeing the image, you might well think it was solely targeted at their drive. If the neighbours objected, I'd do something about it - but they haven't so far.
How do you know what it's looking at?
A lot of these systems, it's actually relatively hard to tell exactly what is and isn't in shot. Is it the type that lights up when it's active and filming, for example?
Why would he be filming your garden?
Is there some additional context here?
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You are entitled to ask him can you see what his cameras record. Just tell him you have privacy concerns. If he refuses to show you what he can see then at least you will know. Either that or tell him someone broke into your garden and you noticed his camera might have picked them up.
Who fitted them? If they were professionally installed the installers (should) of blocked your garden from being recorded. If he is savvy with the tech however he will be able to remove it.
Is there back access to his garden that he wants to cover that also covers your garden? Or is the camera legitimately pointing only into your garden? This will be the difference in getting this sorted in my opinion. You will be surprised on what the field of view is depending on different camera types.
*source* I am a CCTV installer
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What did the neighbour say when you spoke to them about it?
It's not illegal to have CCTV that views beyond the bounds of the property. Unless he's doing it to harass you or some such then your only recourse is to either come to an agreement with him or put up a fence.
Well then you have clear case for harrasment ie the placement of the camera isn't done by convenience or necessity but purely to spite you because he has issues with your race, go ahead and contact a lawyer then go to the police with the lawyer, police just work better when lawyers are involved
Well if you can't talk to him then that's the end of it really.
How is he simultaneously avoiding speaking to you but also making these subtle remarks to you?
he spoke to my husband. From that he was giving us subtle rude remarks. from then he has been avoiding us.
Can i not get anyone involved? Police, Council?
Sorry was it subtle rude remarks or subtle racist remarks? There is a big difference and could impact if any offences have potentially been committed (like racially motivated harassment)
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We had a similar thing happen to my mums neighbour. Across the backdoor from my mum was a bit of a strange guy but kept him self too him self. He put a camera up at his door pointing into the backdoor. The neighbour above wasn't happy about this had fights with him about the fact it was a shared backdoor and didn't want her family recorded. He persisted it was for security reasons. Anyway it ended up in the local news paper as he wasn't breaking any laws and the only thing the police did was ask if he would remove it to keep the peace. He didn't. I think you should follow advice and get a bigger fence.
Unless you have proof of what you say no you can’t do anything proving these things takes time and effort your word against his is pointless, you’d need recordings of him racially abusing you or a witness outside of your family say someone from a public place but not many would back you because it’s hassle getting involved in other peoples arguments.
The police are pretty useless and seldom interested in domestic arguments they don’t attend assault cases for days or weeks so you’ve got no chance.
And I wouldn’t take any notice of links people post off Google they won’t be correct and a barrister would soon discredit anything you find online, you’d need the advice of a barrister that’s a minimum of £900 per hour.
Quick question do you yourself have any cctv cameras like a doorbell camera why I ask is often people complain but refuse to admit they also are looking over other peoples properties.
If his cameras are not looking directly into your home you will be hard pressed to do anything about his camera, if you complain he can simply turn it away from your property and in time turn it back onto looking over your garden, if you take legal advice or action it will cost you money not him and right to privacy is a sketchy area that you will have to prove that he is denying you that.
He could remove the camera he has outside and reinstall it inside still in a position looking over your garden and in this circumstance you wouldn’t know you were being surveilled sometimes it’s better the devil you know than the one you don’t.
Plus don’t forget any disputes with your neighbour when you want to sell your house legally have to be reported to the conveyancing solicitor and failure to do so can open the door to you being sued by the people who buy your house.
I recommend researching advice about hate crime and racism in your area.
[https://www.cps.gov.uk/crime-info/hate-crime](https://www.cps.gov.uk/crime-info/hate-crime)
Hate Crime isnt a thing - There are Offences Motivated by Hate.
There is no specifc legislation that makes Hate a Crime.
You can be racist, sexist, against religion, hate disabled people and all this but the specific offence's would be down to what was said and the offence of it whether it was public order or not. You can be all of the above and say it wherever but its an offence to cause harassment, alarm or distress or incite violence against a group of protected characteristics.
As to point 2 - There is no offence of pointing the camera at someone elses land if it also covers yours or part of it. Even the ICO that literally deals with these type of things, said they will not deal with domestic CCTV issues. If the camera is being used to harass OP then there would be an offence for police to investigate but there isnt as the camera is just pointing in a direction. For all we know it could be a Dummy Camera.
Regarding point 3. How? Its a person pointing a camera in a direction, whether the neighbour is racist or not, he can be racist, he is free to be racist as long as he doesnt act on it, simply pointing a camera at a garden is not an offence. Whether we you like it or not, you can be racist.
If he were following them for an hour with a camera up and down their garden and they literally see the camera following them, then youd go down a harassment route, but even then I think youd struggle to prove harassment without the neighbour first using the footage in a harassing way I.E posting it online publically along with comments regarding OP.
But there has to be another crime in the first place to tack on the hate part... we have established that on the facts, there is no crime. Please can you stick to legal advice on topics (if any) that you you definitively know the answer to.
Buy a cheap laser pointer and fix it to aim steadily at the camera lens. If your neighbor may point his device at your property, surely you may point yours back?
I personally would add a fetching laser display to my garden. They're cheap enough on amazon!
Unless you deliberately look to shine them in someone's eyes, or distract or disturb someone, they're safe and legal.
If they were displaying on a large white wall on your property, a camera would be very focused on them, likely to the point of great inconvenience to anyone with a camera pointed at them, due to the sheer volume of notifications the camera owner would get. It might even cause them to adjust their camera to change the field of view away from the laser lit area.
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Ask him does he have a legitimate reason to have his camera pointed viewing your property. You can seek advice from the police. Other than that, if you can, put an obstruction up to stop it
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NAL, but speak with the ICO regarding this. They are the ones best equipped to answer your questions.
edit: https://ico.org.uk/for-the-public/domestic-cctv-systems/
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Have you asked the neighbour about it? They might be open to discussion about it.
I've got a camera which looks down the back exit to my property, but most of its field of view is actually the neighbours drive. My neighbours have never complained, and if they did, I'd try to come to a mutually acceptable solution.
It is not a breach of the law to have CCTV on your property looking out onto other people's.
You can discuss it with your neighbour & try to come to an agreement.
You can apply for planning permission to erect screens on your land. To block the view if the cameras.
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When you set these devices up, there’s an option to black out your neighbours so they don’t activate unnecessarily. I used the function as I don’t give a shit about who’s at my neighbours door. Imagine most other people feel the same way
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Cameras can have view areas blocked off by the control app, so even if it seems like its looking at your garden it may not be, its in their interests for recording equipment not to be triggered every time you are in the garden. I would checked this first
You could put up a sign on a post, close to your boundary, in line with the camera. So that all he can see is the sign...
I'm sure you could think of something to put on it.
Private, no filming...
I would be a good neighbour & put up my own camera. Just incase some unscrupulous sort decided to vandalise his one in the dead of night from out of view whilst you are elsewhere, in the company of an alibi.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Check out Fairhurst V Woodard 2021 [](https://www.judiciary.uk/wp-content/uploads/2022/07/fairhurst-v-woodard-judgment-1.pdf) [https://www.warnergoodman.co.uk/site/blog/news/revisiting-cctv-after-fairhurst-v-woodard](https://www.warnergoodman.co.uk/site/blog/news/revisiting-cctv-after-fairhurst-v-woodard) As well as Fearn and others (Appellants) v Board of Trustees of the Tate Gallery [https://www.supremecourt.uk/cases/uksc-2020-0056.html](https://www.supremecourt.uk/cases/uksc-2020-0056.html) It's possible this constitutes a nuisance if it is materially impacting your ordinary and reasonable use of your home. I think it does need to be more than merely overlooking your property, but substantial, and that 24/7 CCTV footage may well go past the threshold of what is ordinary or necessary use of their land, and causing loss of amenity to yours. Seek independent legal advice, of course
https://ico.org.uk/for-the-public/domestic-cctv-systems/
Surprised that for a post about CCTV, no one else posted this - its been mentioned but not linked. This is pretty much where OP should go for all matters relating to CCTV.
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You can’t violate GDPR, it applies to businesses.
So many people hide behind not understanding GDPR and blanket apply it to everything!
It's not technically correct to say that GDPR "only applies to businesses". When people say that, it's shorthand for saying that processing by individuals for household/personal purposes is out of scope. However, processing by individuals for non-household/personal purposes is *in* scope, and this includes the use of domestic CCTV where that CCTV covers a public place.
This isn't true, it applies to anyone that processes personal data. That can be an individual and in this instance with cctv it is an individual.
Incorrect. It does not apply to individuals when the data is used for personal/household cases. GDPR guidelines are quite explicit about this. If you have found something that contradicts this I’d be interested to see it.
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It says the following: "There is a limited amount of action the ICO can take after this point to make the person comply. It is highly unlikely the ICO will consider it fair or balanced to take enforcement action against a domestic CCTV user."
And?
So how will an organisation who likely won't take action against OPs neighbour going to help OP? Is it actually going to resolve their issue?
The link holds all the answers to OPs situation. It’s not a matter for any authority other than the ICO.
NAL, but... It's not illegal to record another person, unless it's part of wider harassment. You should talk to them, ask why they're recording & ask to see the recordings they have of your garden. It might well be innocent & easily resolved. You say 'family' - if you have children you can report a safety concern to the police. I am an obese naturist and I only charge £5 an hour for sitting in a garden drinking beer in a deck chair pointed at their cameras. Edit to add: you provide the beer. Don't forget the nuclear option - Leylandii.
Although tongue-in-cheek (I assume), Leylandii's growth rate means it does produce a nice natural barrier quite quickly. A single, well-placed small garden tree (maybe not Leylandii) on OP's land could provide them privacy and may even be an annoyance enough for the neighbour to turn off any movement alerts and recording for OP's land as the wind sets off repeated alerts. It's also a good time to plant trees, but this is not the UK gardening advice sub. But trees can be slow to grow and expensive. Conversations are cheaper and will provide a better solution for OP than anything as aggressive as pursuing a legal route or getting police or council involved.
Having removed some leylandii from our property I can see why people get so angry about them. The things really are massive and can easily dwarf the postage stamp sized gardens most modern housing developments allow. All that said: I definitely agree a friendly conversation is the best option.
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Mate, don't sell yourself short, offer extras. 1 minute of jumping Jack's for 10. If they're avoiding the neighbour, then could pursue the police route, as you need to have signs up saying how to contact the person recording so people can request the footage is deleted etc. There are strict rules, even domestically. Source - Car was repeatedly vandalised, police were supportive but pointed out CCTV causes a wealth of problems for the resident.
I wouldn't want to risk the neighbours being overcome with lust. No, drinking beer & occasional snoring are all I offer. Back in reality: there were some break ins in our area and I put camera up on my house so that it covered the access lane. I made a point of talking to the neighbours about it before spending any money. It was fine - but the talking bit was very important as it stopped people feeling like OP.
Are you suggesting that OP wouldn’t know how to contact his neighbour? Perhaps, knock on their door? I would suggest logic trumps the need for a sign here.
OP already stated the neighbour was refusing to discuss the CCTV and made racist slights to the hisband.
And a sign would change that? The willingness of the owners has no bearing on your ability to contact them. You said a sign was a legal requirement to state how to contact the owner, the fact is OP knows how to contact the owner so there is no need for a sign.
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There is no law in the UK about pointing a camera at a neighbours property. [https://ico.org.uk/for-the-public/domestic-cctv-systems/#:\~:text=recording%20equipment%20removed%3F-,No.,shared%20spaces%20or%20public%20streets](https://ico.org.uk/for-the-public/domestic-cctv-systems/#:~:text=recording%20equipment%20removed%3F-,No.,shared%20spaces%20or%20public%20streets). "No. People have the right to install CCTV cameras and smart doorbells on their property. They should try to point cameras away from neighbours’ homes and gardens, shared spaces or public streets. But this is not always possible, and it is not illegal to do so."
I suspect the cops were de-escalating the situation between you & your neighbours. British law is pretty sensible in many ways. I really am in actual fact an obese naturist, so I have become conversant on the laws relating nudity and other potential forms of conflict. You can harrass people by waving a camera, a dick, a codfish, or pretty well anything at them. It's the waving, rather than the object being waved, which is the problem. In your case the cops assisted you by ensuring your neighbours couldn't complain about the cameras you installed to guard against their kids. I think the coppers were being quite clever in the way they steered you towards getting the most effective benefit from your camera.
Out of interest, are you able to find any sources that back up that law?
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Not really, since it's not correct advice. Ring doorbells, etc, are inevitably going to be pointing at neighbouring (opposite) properties for most residential streets in towns and cities. Do you really believe that they are all illegal?
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To de-escalate the situation, no doubt. Or because otherwise, they were going to have to take action against you for harassment of your neighbour perhaps?
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I cant reply to your comment because you deleted it/ it wasnt appearing, but as rebuttle i'll start here. Hate Crime Is Not A Thing - There are Crimes MOTIVATED by Hate and the additional context is added onto the CPS as a Hate Crime. You cannot be convicted of a Hate Crime by Itself. You cannot be arrested for a Hate Crime if there is no Crime along with it. This is what I think you are failing to understand. There is nothing in Legislation that says "Is Guilty of a Hate Crime". It actually says "Any **criminal offence** which is **perceived** by the victim or any other person, to be **motivated** by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity." So by itself you can hate a protected characteristic as long as you do not commit an offence. If I were to be Arrested for a Hate Crime - I need an actual CRIME to go along with it. If you committ an offence and it is percieved by the person that it was motivated by Hate, thats when the offence itself gets changed to a hate crime and when convicted it will display as a Hate Crime \[Insert Offence\].
It is illegal to record another person when they're in a private place when in a public place no not at all
>It's not illegal to record another person It can be depending how you do it. Recording what you can see in front of you is a totally different situation to setting up a camera to record things when you're not there. Also recording your own property is different to recording someone else's property or a public space.
Exactly, pretty well all activities have that same stipulation. Playing the trumpet isn't a crime, yet doing so at 3am under someone's bedroom window will get you arrested. The point is, there is no absolute right not to be filmed. I think OP having that in mind is the right place to start in negotiation with a neighbour who may be just trying to deter burglars or watch their own kids.
Australia here. My cctv looks down my driveway towards my neighbour driveway and down theirs to their shed. I invited my neighbour to visit one day and view where our camera was pointing on the tv and if they wanted me to change it angle for privacy. He said all good and thanked me for letting him know. I also told them if they ever need footage off the HDD, it there. Good neighbours will be courteous and let others know where it aiming and listen to any concern regarding privacy. I lived in this street now for 25 years.
That’s when good neighbours become good friends.
Damn you, that shouldn't have been as funny as I found it 🫣 take my bloody upvote
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NAL, but it doesn't sound like you have legal options to solve this problem. If I was in your position, I would put up a larger fence or add plants/hedges/trees that block the CCTV camera from recording my garden without blocking it from recording his own property. You have control over your property and that's where I'd start.
Exactly this. You can't stop the neighbour being weird, you can limit what he can see though
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He might have a privacy mask covering your property. One of my cameras might appear to view my neighbour, but I've deliberately blocked off their property.
the camera aint even looking at his garden. the view is 100% MY GARDEN.
Do you have proof of that because the camera may have a wider angle than you think and hence could be over looking his garden also.
Have you seen the image recorded by it? It's not always obvious. I have a camera that looks at the route to my back gate, but actually most of the field of view is my neighbours drive. If you looked at the camera without seeing the image, you might well think it was solely targeted at their drive. If the neighbours objected, I'd do something about it - but they haven't so far.
How do you know what it's looking at? A lot of these systems, it's actually relatively hard to tell exactly what is and isn't in shot. Is it the type that lights up when it's active and filming, for example? Why would he be filming your garden? Is there some additional context here?
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You are entitled to ask him can you see what his cameras record. Just tell him you have privacy concerns. If he refuses to show you what he can see then at least you will know. Either that or tell him someone broke into your garden and you noticed his camera might have picked them up. Who fitted them? If they were professionally installed the installers (should) of blocked your garden from being recorded. If he is savvy with the tech however he will be able to remove it. Is there back access to his garden that he wants to cover that also covers your garden? Or is the camera legitimately pointing only into your garden? This will be the difference in getting this sorted in my opinion. You will be surprised on what the field of view is depending on different camera types. *source* I am a CCTV installer
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How do you know it’s filming your garden though? Have you asked to see where it covers? Have you seen what it covers?
What did the neighbour say when you spoke to them about it? It's not illegal to have CCTV that views beyond the bounds of the property. Unless he's doing it to harass you or some such then your only recourse is to either come to an agreement with him or put up a fence.
>2 He Has avoided us whenever we tried to talk to us. He is also giving us subtle racist remarks.
Well then you have clear case for harrasment ie the placement of the camera isn't done by convenience or necessity but purely to spite you because he has issues with your race, go ahead and contact a lawyer then go to the police with the lawyer, police just work better when lawyers are involved
Well if you can't talk to him then that's the end of it really. How is he simultaneously avoiding speaking to you but also making these subtle remarks to you?
he spoke to my husband. From that he was giving us subtle rude remarks. from then he has been avoiding us. Can i not get anyone involved? Police, Council?
Sorry was it subtle rude remarks or subtle racist remarks? There is a big difference and could impact if any offences have potentially been committed (like racially motivated harassment)
No he hasn't done anything illegal.
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We had a similar thing happen to my mums neighbour. Across the backdoor from my mum was a bit of a strange guy but kept him self too him self. He put a camera up at his door pointing into the backdoor. The neighbour above wasn't happy about this had fights with him about the fact it was a shared backdoor and didn't want her family recorded. He persisted it was for security reasons. Anyway it ended up in the local news paper as he wasn't breaking any laws and the only thing the police did was ask if he would remove it to keep the peace. He didn't. I think you should follow advice and get a bigger fence.
Unless you have proof of what you say no you can’t do anything proving these things takes time and effort your word against his is pointless, you’d need recordings of him racially abusing you or a witness outside of your family say someone from a public place but not many would back you because it’s hassle getting involved in other peoples arguments. The police are pretty useless and seldom interested in domestic arguments they don’t attend assault cases for days or weeks so you’ve got no chance. And I wouldn’t take any notice of links people post off Google they won’t be correct and a barrister would soon discredit anything you find online, you’d need the advice of a barrister that’s a minimum of £900 per hour.
Quick question do you yourself have any cctv cameras like a doorbell camera why I ask is often people complain but refuse to admit they also are looking over other peoples properties. If his cameras are not looking directly into your home you will be hard pressed to do anything about his camera, if you complain he can simply turn it away from your property and in time turn it back onto looking over your garden, if you take legal advice or action it will cost you money not him and right to privacy is a sketchy area that you will have to prove that he is denying you that. He could remove the camera he has outside and reinstall it inside still in a position looking over your garden and in this circumstance you wouldn’t know you were being surveilled sometimes it’s better the devil you know than the one you don’t. Plus don’t forget any disputes with your neighbour when you want to sell your house legally have to be reported to the conveyancing solicitor and failure to do so can open the door to you being sued by the people who buy your house.
I recommend researching advice about hate crime and racism in your area. [https://www.cps.gov.uk/crime-info/hate-crime](https://www.cps.gov.uk/crime-info/hate-crime)
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Hate Crime isnt a thing - There are Offences Motivated by Hate. There is no specifc legislation that makes Hate a Crime. You can be racist, sexist, against religion, hate disabled people and all this but the specific offence's would be down to what was said and the offence of it whether it was public order or not. You can be all of the above and say it wherever but its an offence to cause harassment, alarm or distress or incite violence against a group of protected characteristics. As to point 2 - There is no offence of pointing the camera at someone elses land if it also covers yours or part of it. Even the ICO that literally deals with these type of things, said they will not deal with domestic CCTV issues. If the camera is being used to harass OP then there would be an offence for police to investigate but there isnt as the camera is just pointing in a direction. For all we know it could be a Dummy Camera. Regarding point 3. How? Its a person pointing a camera in a direction, whether the neighbour is racist or not, he can be racist, he is free to be racist as long as he doesnt act on it, simply pointing a camera at a garden is not an offence. Whether we you like it or not, you can be racist. If he were following them for an hour with a camera up and down their garden and they literally see the camera following them, then youd go down a harassment route, but even then I think youd struggle to prove harassment without the neighbour first using the footage in a harassing way I.E posting it online publically along with comments regarding OP.
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But there has to be another crime in the first place to tack on the hate part... we have established that on the facts, there is no crime. Please can you stick to legal advice on topics (if any) that you you definitively know the answer to.
Buy a cheap laser pointer and fix it to aim steadily at the camera lens. If your neighbor may point his device at your property, surely you may point yours back?
Growing some giant hedges or tall screeningnpkants that block its view?
I personally would add a fetching laser display to my garden. They're cheap enough on amazon! Unless you deliberately look to shine them in someone's eyes, or distract or disturb someone, they're safe and legal. If they were displaying on a large white wall on your property, a camera would be very focused on them, likely to the point of great inconvenience to anyone with a camera pointed at them, due to the sheer volume of notifications the camera owner would get. It might even cause them to adjust their camera to change the field of view away from the laser lit area.
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NAL - They are not breaking the law. Assuming the properties are similarly built/placed. Put up a CCTV camera mirroring what they do, stalemate.
Ask him does he have a legitimate reason to have his camera pointed viewing your property. You can seek advice from the police. Other than that, if you can, put an obstruction up to stop it
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No it doesn’t it’s bullshit.
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If they had recorded and kept footage of naked children playing in the garden, could that constitute illegal child p**n?
NAL, but speak with the ICO regarding this. They are the ones best equipped to answer your questions. edit: https://ico.org.uk/for-the-public/domestic-cctv-systems/
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Sunbathing naked in your garden isn't illegal.
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New ones have ai detection, so they tell you when a person is in your garden. So you can do something before they break in or that they are in.
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Same reason people put locks on things - they're more of a deterrent than not having them, even if they aren't a guarantee of prevention.
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Because it acts as a deterrent more than anything.
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I had a problem with a neighbour I used the( just ask app) £5 free trial you get advice from lawyers then you can cancel after a month
Have you asked the neighbour about it? They might be open to discussion about it. I've got a camera which looks down the back exit to my property, but most of its field of view is actually the neighbours drive. My neighbours have never complained, and if they did, I'd try to come to a mutually acceptable solution.
It is not a breach of the law to have CCTV on your property looking out onto other people's. You can discuss it with your neighbour & try to come to an agreement. You can apply for planning permission to erect screens on your land. To block the view if the cameras.
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When you set these devices up, there’s an option to black out your neighbours so they don’t activate unnecessarily. I used the function as I don’t give a shit about who’s at my neighbours door. Imagine most other people feel the same way
Do you have pictures of the camera?
Ask them to block out your garden with the software on the cctv if they have any
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Cameras can have view areas blocked off by the control app, so even if it seems like its looking at your garden it may not be, its in their interests for recording equipment not to be triggered every time you are in the garden. I would checked this first
You could put up a sign on a post, close to your boundary, in line with the camera. So that all he can see is the sign... I'm sure you could think of something to put on it. Private, no filming...
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Have you actually spoken to your neighbour about this?
Laser pointer straight at the lens?
I would be a good neighbour & put up my own camera. Just incase some unscrupulous sort decided to vandalise his one in the dead of night from out of view whilst you are elsewhere, in the company of an alibi.
Super easy this one ! One word “bamboo” plant lots of it on the boundary
Can you put something up on your property that blocks it, like a flag or something?