How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
Type Your Law Question Here...
Joshua is online now

I have a shared drive way with my neighbour. They have just

This answer was rated:

I have a shared drive way with my neighbour. They have just put in a cctv camera on the garage (at the back of our driveway) which appears to be facing straight down the drive. This also has infra-red (which is how I spotted it). When I spoke to the owner she said she thought it was only on her front door (half way down drive). From speaking to her son the other day, about one that was positioned by the front door, it has a range of 20 meters.
I am concerned that my movements are being recorded, as the son said he can log in over the internet to see what is going on and it is also kept for 30 days.
Is there anything I can do to stop my property being recorded? I feel as if I am being spied on.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.From what you say may I ask if you are satisfied that the CCTV camera is principally focused on their property or do you believe it is focusing on your property please?Is the neighbour running any kind of business from their property or is it solely a private dwelling?
Customer: replied 3 years ago.

I believe the garage camera is postioned down the middle of the drive. From looking at the angle it does not point at the front door, although I believe it does cover it.

I do not believe any business is run from the property as my neighbours works full time. She said it was because she sometimes does not hear the doorbell and misses parcels being delivered.

Thank you. There are a number of laws that deal with CCTV use; the main one is that of the Data Protection Act which requires data obtained by CCTV to be processed strictly and for strict rules to be followed. However there is an exemption for domestic or household processing of personal information including CCTV images, as long as this does not involve placing images on a website or making it available to the public at large in another way without good reason. If the images collected are retained for personal use (security etc) then they do not have to follow data protection rules subject as above (such as erecting signs, maintaining records etc). This means that if a CCTV camera is mounted in such a way so that it is inciidentally capturing some images from your property, it is unlikely that they will be breaching the Data Protection Act. However, there is other legislation which deals with harrassment or voyeurism that can still apply in these situations. If the cameras are trained onto your land, in particular looking into your property windows, particularly bedrooms or bathrooms this can fall foul of voyeurism laws. In addition of the cameras are primarily trained on your land rather than primarily on their own with just incidental capturing of some images from your land, then this could amount to harrassment under the Protection Against Harrassment Act unless they can show good reason to be training the camera primarily on your land. e.g. for a drive way there is good reason which is for security, however if they were training a camera primarily on your garden this may be less justifiable. Based on what you say if the camera primarily records images on their land but also picks up images of the street and/or some of your drive and does not film into your house, there is nothing that would lend itself to a breach of the Data Protection Act or voyeurism or Harrassment legislation. They can record images of the street without falling foul of legislation. However if you can show that they are either unncesssarily filming your land or property or are doing so in such a manner as is designed to or they ought to know is likely to cause you alarm or distress they can be guilty of an offence under the Protection Against Harrassment Act. In the first instance you would seek to work through your concerns with your neighbour. If this fails and you feel there is a basis for complaint under any of the above bases, you could make a complaint to the police or seek an injunction in the County Court. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua and 2 other Law Specialists are ready to help you