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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My neighbour has a cctv camera facing out of his property towards

Customer Question

My neighbour has a cctv camera facing out of his property towards a footpath he video my 9 year old daughter and her friends and put it on Facebook without permission can he do this
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
There is no reason he cannot do that in principle. Footage belongs to the person who took it and they don't need consent to film a person unless it is something like using a bathroom that is captured.
There is no particular magic in this being footage of a child. Children have no more rights in law than adults. The reason the press often pixel out the faces of children is that they were heavily criticised at the enquiry into their activities and one of the undertakings was that they would do this. There is no legal duty to do so.
The only potential argument is in harassment but one incident would not be sufficient. There is no harassment merely in filming I suppose unless all cameras on a property were pointed at one house and nowhere else. I must admit that I do think uploading footage on to Facebook is capable of being a harassing act but one incident would probably not be sufficient.
The police might tell him to take it down though although if he refused they probably wouldn't take any action.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
So he is allowed to upload videos of children on social networks without asking the parents
Expert:  Jo C. replied 1 year ago.
Yes, there is no reason he cannot do that for the reasons above.

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