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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 3087
Experience:  Freelance Solicitor at Self Employed
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I have a spycam next door to my semi detached house

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I have a spycam next door to my semi detached house listening to us constantly and spying on us all the time. How can I get rid of this as its part of the problem. It's neighbours and we can hear them all the time morning noon and night.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

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I will go through your question and will get back to you with my answer shortly.

Hi there,

It is perfectly legal for a resident to install CCTV (even with recording and playback capabilities) and, in the normal course of events, this will be done to protect one’s own property against the threat of intruders and trespassers.

However, if the cameras are directly pointed towards others property , then it is privacy issue.

The Law regarding it is covered by the Human Rights Act under your rights to privacy. Article 8 of the Act entitled “The Right to Respect for Private and Family Life, Home and Correspondence” means that your neighbour might well be breaking the law here.

As you have right of privacy within your house, and can not be recorded by your neighbour.

You need to send a cease and desist letter to your neighbour asking them to remove the camera from the window as it is directly pointed towards your house and ask them to stop their conduct, ( pointing the camera to your property)and that if they do not within 3 days, then you can apply to the court for the injunction orders, where court can ask the neighbour to remove the camera and pay your legal cost.

That letter may well be enough to stop the conduct - as an injunction is a serious legal remedy.

You also have the right to make a Subject Access Request (SAR) – to see a copy of the recordings. This request

can be made verbally, or in writing (writing is preferred so the date of request can be evidenced). The CCTV operators must, by law, respond within one month and give you a copy of the data.

You have the right to have footage deleted. Again, this request can be made verbally or in writing (writing is preferred so the date of request can be evidenced). The CCTV operator must respond within one month and must delete the footage UNLESS they believe there is a genuine reason to keep it, for example because of the prevention or detection of crime, or other legal dispute – in this case, they must tell you this, and you can complain to the Information Commissioner’s Office.

,Compliant to to the Information Commissioner’s Office can be made online using the below weblink-

https://ico.org.uk/make-a-complaint/

I trust this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

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