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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My neighbours in the building behind mine (which is a block

Customer Question

My neighbours in the building behind mine (which is a block of flats) have a webcam pointed at and filming a communal garden. Is this legal? And what are my rights if my flat/patio are in view?

Many thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Unless the person is a Company, in which case they would be liable under the Data Protection Act then yes they can point the cam into the garden.

Alex Watts :

As long as it is not pointed into your window there is sadly no law to stop them from doing this.

Alex Watts :

They are perfectly entitled as private citizens to have CCTV or camera on their property covering public area.

Alex Watts :

I myself have CCTV which includes the path and road outside and this is not illegal

Alex Watts :

I am sorry if this is not the answer you want and it is certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-fk0rhhua- :

Hi Alex

Alex Watts :

Hi

JACUSTOMER-fk0rhhua- :

Okay thanks for letting me know but isn't this essentially spying - given that I should be able to be on my patio with my guests and not have someone ease (sp?) dropping.

Alex Watts :

Spying is only if its pointed into your window or something.

Alex Watts :

Nothing wrong with pointing to public/communal areas

JACUSTOMER-fk0rhhua- :

Also as children play in the garden I have to be honest having a webcam pointed at it is more than a bit creepy

Alex Watts :

Because they are private, not a business.

JACUSTOMER-fk0rhhua- :

but my patio is in a different building - not part of their communal area

Alex Watts :

You can only report it to the Police if it is voyeurism

JACUSTOMER-fk0rhhua- :

And there is a window from my patio into my flat

Alex Watts :

ok

JACUSTOMER-fk0rhhua- :

okay great - thanks for clarifying

Alex Watts :

But unless it is pointing into the window its not an offence#

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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JACUSTOMER-fk0rhhua- :

great - thanks

Alex Watts :

Remember you are providing feedback on my service and not whether it was the answer you wanted

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