The video doorbell has become essential for millions of UK households. But an expert is cautioning that it is quietly putting homeowners at risk of serious legal consequences. Countless residents unknowingly breach a crucial boundary under UK data protection legislation the instant they aim a camera too far along their garden path.
Overlooking this straightforward matter could rapidly develop into a costly legal dispute, bringing the threat of a £1,000 penalty and the obligation to cover legal expenses. The problem lies not with the camera itself, but with what it is monitoring.
James Clarke, tech specialist at Cacti PCs, explained that the core of the issue stems from misunderstanding the ‘private space’ regulation.
“The convenience of a video doorbell has led to millions of quick, DIY installations where homeowners don’t consider the legal implications,” said Mr Clarke. “When you’re recording someone walking up your own driveway, you’re fine. But the instant that lens captures a neighbour’s private property, their garden, their front door, or a window, you’ve just become a data controller under UK law.
“This triggers the strict rules of the UK General Data Protection Regulation (GDPR). Your neighbour has a right to privacy, and by continuously recording their private space, you can be found to be in breach. A £1,000 fine is a real possibility, but the much larger financial risk is having to pay for the other side’s legal fees,” reports Lancs Live.
Now Mr Clarke has revealed the remedy is straightforward and can be applied at no cost on 99% of modern video doorbells.
1. The “privacy zone” check: Most intelligent doorbells and security cameras come with a “Privacy Zone” or “Block Out” feature within the app. This allows you to draw a black box over any part of the camera’s view that covers a neighbour’s private space (e.g., their patio or a specific window). This area will be digitally obscured and not recorded. If your camera points at anything other than your own property, you must use this feature.
2. The 25% rule: As a general rule, if more than 25% of your camera’s field of view captures a neighbour’s property or a shared boundary, you are likely in violation. Simply tilting the camera down by a few degrees, focusing the view more on your immediate doorstep and path rather than the horizon, can often solve the problem instantly.
3. The microphone trap: “Don’t forget that video doorbells also record sound. Even if the video is legally compliant, recording conversations on a neighbour’s property can also be a breach of their privacy,” he warns. “If your camera has a sensitive microphone that picks up dialogue from their garden, you should look into adjusting the sound recording sensitivity or, if possible, restricting its range.”
What the law says – Data Protection (UK GDPR) and Data Protection Act 2018
If your doorbell records images (or audio) of other people outside your own property – e.g. public paths, neighbours’ homes/gardens – then you are processing “personal data”. That means GDPR / DPA rules apply.
You may require a lawful basis (frequently “legitimate interests”), assess the intrusiveness of the recording, restrict what you capture, store it for no longer than necessary, and so forth.
Neighbour privacy / nuisance laws / harassment
Should the doorbell be positioned or used in a manner that proves intrusive to neighbours – continuous monitoring, audio capturing extensive areas, and similar issues – this may result in legal action for nuisance, privacy violation or harassment.
The Fairhurst v Woodard case serves as a recent illustration.
Signs / notification
When recording individuals beyond your property, it represents best practice (and is frequently mandated under GDPR / ICO guidance) to notify people (through signs) that recording is taking place.
Boundary matters
Should the camera’s field of view remain entirely within your private property boundaries / garden / driveway, the legal risk diminishes considerably, as you are not capturing other people’s private areas.